Protection of Women From Domestic Violence Act, 2005, Section 19, 17 -- Residence order - Shared household - Continued residence or occupation of shared household is not at all required for entitlement of a wife to get residential order...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of PWDV Act - Applicability of S.468 Cr.P.C - There is no offence committed in terms of provisions of the Act by the time application is preferred u/s 12 of PWDV Act - S.468 Cr.P.C not applicable to application u/s 12 of PWDV Act, as starting..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Long standing dispute itself is a mental cruelty to a party who intends to live in domestic relationship and peace...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Petition by husband - Parties shared domestic dispute for very long time and irritability and mental cruelty inflicted by wife over her husband through her conduct and through her denial for cohabitation - In absence of any cross-examination or rebuttal, allegations of husband assume importance -..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence under PWDV Act is exclusive to and isolated from any right that may arise u/s 9 of Hindu Marriage Act - Argument of father-in-law of wife that she did not wish to live with her husband and refused to join him, she could not have claimed a right to residence in her matrimonial..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence - Allegation of wife that her husband had been living in adultery with another woman and produced several documents in support of same, is sufficient to substantiate grant of interim relief of right to residence in favour of wife...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence - Wife lived in house in question for over 20 years of her married life - She had an emotional attachment to the house which is co-owned by husband - Wife entitled to right of residence in said house...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence under PWDV Act is exclusive to and isolated from any right that may arise u/s 9 of Hindu Marriage Act - Argument of father-in-law of wife that she did not wish to live with her husband and refused to join him, she could not have claimed a right to residence in her matrimonial..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence - Allegation of wife that her husband had been living in adultery with another woman and produced several documents in support of same, is sufficient to substantiate grant of interim relief of right to residence in favour of wife...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence - Wife lived in house in question for over 20 years of her married life - She had an emotional attachment to the house which is co-owned by husband - Wife entitled to right of residence in said house...........
