Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Deceased husband and his brother were carrying joint business and drawing Rs.30,000/- p.m. each - House where complainant and her husband resided belong to a joint family - Whether requirements of S.2(f), S.2(q) and S.2(s) of the Act are fulfilled is a matter of evidence which will be..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(q) -- Complaint against minor - Maintainability - Complaint against minor (Bhanja of husband) is a patent misuse of process of law, as he is not adult in view of S.2(q) of the Act - Complaint qua minor held, quashed...........
Protection of Women From Domestic Violence Act, 2005, Section 28, 32, 12, Protection of Women From Domestic Violence Rules, 2006, Rule 15(6), Criminal Procedure Code, 1973, Section 468 -- Domestic violence - Limitation - Complaint not filed within one year of the incident - Proceedings quashed...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19, 23 -- Domestic violence - Complaint qua i, laws - Husband is already a party in the case - Petitioners are only i, laws of wife and they are living separately - Protection order against i, laws cannot be maintained, particularly when it seems to be false...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23(2) -- Proceedings u/s 12 or S.23(2) of the Act - Evidence by way of affidavit - Court in its discretion can allow evidence on affidavit and permit cross examination to test veracity of the evidence...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Right of residence - Shared household - Pending suit for mandatory injunction for eviction of daughter-in-law filed by father-in-law - Admittedly, wife stayed in the said house with the husband till the husband managed to flee abroad - Hence, Court below rightly concluded that right of daughter-in-law to..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act by Divorced wife - Maintainability - Decree of divorce obtained by husband by playing fraud upon Court - Even otherwise, Act of domestic violence once committed, subsequent decree of divorce will not absolve liability of husband from offence committed to deny benefit to which..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - While deciding application u/s 12 of the Act, Magistrate can adopt any procedure that he may deem appropriate which is in accordance with principles of natural justice...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Jurisdiction - Issue of jurisdiction dealt with in most cursory manner without looking into material adduced on record by husband - Wife served in the present case at a address in a different district - Husband also placed on record certain documents, perusal of which shows that at..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Domestic violence - Right of residence and maintenance - Shared household - Wife entitled to claim residence in shared household only if she establishes domestic violence - Since there is no evidence to prove domestic violence, wife not entitled to right of residence - However, child has to be paid..........
