Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Claim of maintenance - Marriage between parties not solemnized as per law - Failure to produce any documents or photographs etc. in this regard - Prima facie no evidence to establish that they were living together since long - It cannot be presumed that they were living as husband and..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Grant of Rs.2.50 lakhs by trial Court - Appellate Court reduced it to Rs.50,000/- per month - Both trial Court and Appellate Court arrived at a figure of maintenance on the basis of affidavits filed by both the parties along with their respective documents - In such circumstances..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Domestic violence - Interim maintenance - No Domestic Incident Report either from Protection Officer or from Service Provider was received by Magistrate - In such circumstances, when there was no report before Magistrate to consider, then there was no illegality, impropriety or..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Domestic violence - Interim maintenance - Court below while passing order u/s 23 of the Act, considered all facts specifically regarding education, nourishment and transportation etc. - Order also containing clause that in case wife getting maintenance in any other proceedings, then same will be..........
Criminal Procedure Code, 1973, Section 125, Contempt of Courts Act, 1971, Section 10, 12, Hindu Marriage Act, 1955, Section 25 -- Interim maintenance to wife granted by Supreme Court - Husband not obeying order despite adequate means - Husband guilty of contempt of Court...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Husband an able bodied young man capable of earning sufficient money, cannot deny his legal obligation of maintaining his wife - However, husband contended that he is ready and willing to support wife and children, thus question of maintenance does not arise - Contention rejected, as..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20, 23 -- Interim maintenance - To the child above 18 years of age - Cannot be granted under PWDV Act, 2005...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20, 23 -- Interim maintenance to children - Children can claim maintenance through aggrieved person as filing of application only by wife cannot be hurdle for children to claim interim maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 25(2) -- Interim maintenance - During pendency of revision petition parties compromised - Both the parties will live together peacefully and in case both the parties fail to live together then husband shall provide to wife a room having space of minimum 15 x 10 ft. and also one kitchen and..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Interim maintenance - Husband threw his wife and child out of matrimonial home after subjecting her to mental and physical cruelty - No evidence on record that wife was earning 6,600 p.m, as contended by husband - There is no need to prove that domestic violence report should be counter..........
