Protection of Women From Domestic Violence Act, 2005, Section 12 -- Divorced wife - A divorced wife can set up a claim under the Act as an aggrieved person provided that she alleges that she has been subjected to any act of domestic violence by husband while she was in domestic relationship with him...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Divorced wife - Interim maintenance - Wife subjected to an act constituting domestic violence while she was in domestic relationship with the respondent during subsistence of marriage - Held, application is maintainable - Award of Rs.5000/- as interim maintenance against husband whose take home income..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 21, Legal Services Authorities Act, 1987, Section 21, Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 12 of Act of 2005 - Matter referred to Lok Adalat - Award passed by Lok Adalat - Award passed by Lok Adalat on a reference made by Criminal Court is deemed to be an order passed by Criminal..........
Protection of Women From Domestic Violence Act, 2005, Section 12(1) -- Application u/s 12(1) of Act - Divorced wife - Maintainability - A divorced wife who has been subjected to domestic violence during continuation of marriage or domestic relationship may move an application u/s 12(1) of Act for appropriate relief - Application, held, maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(q) - - Domestic violence - A proceeding against relative of husband is maintainable even without husband being in party array and without any relief being sought against him, if it falls within proviso of S.2(q) of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic Violence - Limitation - No limitation is prescribed for filing an application u/s 12 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic Violence - Limitation - Application u/s 12 of Act is not a complaint which has been filed by wife for breach of any protection order to which limitation, by virtue of S.468 Cr.P.C and Ss.28, 32 of the Act, may be applicable, as it is only an application for seeking protection orders for which no..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19 -- Maintenance to wife and two minor children - Wife and two minor daughters were ousted out from matrimonial home after subjecting her to physical and mental torture - Husband not denied the factum of marriage between parties and failed to show any evidence that wife left the matrimonial home with..........
Protection of Women From Domestic Violence Act, 2005, Section 21, 12, 23 -- Custody of child - Issue of custody of children cannot be determined solely on the financial resources of parents - Each case has to be decided on its facts and therein paramount consideration should be welfare of children apart from their willingness...........
Protection of Women From Domestic Violence Act, 2005, Section 21, 12, 23 -- Custody of children - Opinion of children - Both children living with father for last many years - As per direction of Court, children were brought and were asked to live with mother but they bluntly refused to live with mother - One child is of the age of 7 years and would not be in a position to..........
