Criminal Procedure Code, 1973, Section 125 -- Interim maintenance u/s 125 Cr.P.C. - Application for interim maintenance u/s 125 Cr.P.C. for the same period for which interim maintenance has been awarded under Domestic Violence Act is maintainable - However, Court would bear in mind the interim maintenance awarded in other proceeding while considering merits of application...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Order passed u/s 19 of the Act - Non-consideration of domestic incident report - Court is under obligation to consider report of Protection Officer or service provider while considering application u/s 19 of the Act, if same is available on record - In case there is no report available on record then..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Order passed u/s 19 of the Act - Non-consideration of domestic incident report - No such objection regarding non-consideration of domestic incident report was raised before trial Court - Therefore, it is not open for applicant to raise it for first time before High Court in proceedings u/s 482 Cr.P.C,..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Application u/s 12 of the Act - Ex parte order u/s 23 of the Act - No separate application is required to be filed for exercise of powers u/s 23 of the Act - Magistrate has to act on application filed u/s 12 of the Act and in case he is satisfied that application discloses that respondent is committing..........
Protection of Women From Domestic Violence Act, 2005, Section 12(2), 19 -- Residence order - Mere fact that maintenance u/s 125 Cr.P.C is already granted to wife, cannot limit the grant of relief u/s 19 of PWDV Act, as order u/s 125 Cr.P.C and residence order u/s 19 of the Act operate in two different spheres...........
Protection of Women From Domestic Violence Act, 2005, Section 12(2), 19 -- Residence order - Violation of provision of S.12(2) of the Act - S.12(2) of the Act, would come into play only when Court is considering application or grant of payment of compensation or damages - While passing an order u/s 19 of the Act, Magistrate would grant relief envisaged in S.19(a) to (f) of..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Matrimonial discard between wife and husband - Wife is residing at her parental house - No specific proof of her income - She is not being maintained by husband - Maintenance of Rs.3000 p.m, as interim maintenance awarded by Court below is proper...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Overlapping jurisdiction under different Acts - If maintenance is awarded to wife in a..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, Hindu Adoptions and Maintenance Act, 1956, Section 18, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - (a) In the first instance, Family Court should make an endeavour for settlement of dispute; (b) If proceedings for settlement are unsuccessful,..........
Hindu Marriage Act, 1955, Section 25, Special Marriage Act, 1954, Section 37, Hindu Adoptions and Maintenance Act, 1956, Section 23, Protection of Women From Domestic Violence Act, 2005, Section 20(2) -- Maintenance - Permanent alimony - (i) Parties may lead oral and documentary evidence with respect to income, expenditure, standard of living, etc. before the concerned..........
