Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance to divorced wife - Wife is though divorced but she would remain wife of husband through out and when the said relationship is existing, a duty is cast upon husband, to maintain her though she is divorcee - Monthly maintenance rightly awarded to wife...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f), 12 -- Domestic relationship - Friend of husband - Allegations of harassment made by wife against friend of husband - Application for domestic violence is not maintainable, against friend of husband, as wife and friend of husband is not in relationship in the nature of marriage, dependent or family member..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance to daughter-in-law - Liability of father-in-law - Husband absconding - No liability towards maintenance allowance can be fixed on father-in-law, so long as her husband is alive...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(s) -- Maintenance - Liability of father-in-law - Merely because husband is absconding, as he has been declared as proclaimed offender, does not mean that father-in-law can be held liable to pay maintenance unless he is in domestic relationship with daughter-in-law and has shared household...........
Protection of Women From Domestic Violence Act, 2005, Section 23, 12 -- Interim maintenance - Order of interim maintenance can be passed without seeking domestic incidents report referred to in proviso to S.12 of the Act as said provision relates to a final order - S.23 of the Act is not subject to S.12 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Monetary relief by way of maintenance - Personal appearance of parties - Act does not bar Court from seeking personal appearance of parties...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Divorced wife - Existence of domestic relationship is not needed to execute order granted u/s 12 of the Act - Divorced wife who got an order of maintenance and other relief under the Act prior to decree of divorce is entitled to execute the same if she is unable to maintain herself and she..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Normally to be awarded from date of application - For awarding maintenance from date of order there have to be compelling circumstances - However, there has to be adjustment of amount already paid in terms of order passed u/s 125 Cr.P.C. and interim order passed by High Court...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Domestic violence - Residence order - Husband left for abroad leaving his wife in house of his parents - Subsequently, parents disowned their son and refused to maintain daughter-in-law/wife - Wife has no other source of income and no place to stay - Order of granting maintenance @..........
Protection of Women From Domestic Violence Act, 2005, Section 12 - - Refusal to grant maintenance - Applicant was having only source of income from business in question after death of her husband - Son of applicant not doing any business - After death of husband of applicant, respondent took over possession of said business and deprived the applicant from financial..........
