Protection of Women From Domestic Violence Act, 2005, Section 17, 12, 2(s) -- Shared household - Wife living separately from her husband with her father - Whereas, husband living in joint family comprising his two married sons - Wife alleged to be of quarrelsome nature and if she is allowed to live along with joint family, peaceful matrimonial life of joint family can be..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 17 -- Domestic violence - Residence order - Husband admitted the fact that wife has been driven out from the shared house hold and presently she is living in the rented house - Courts rightly held that if husband is not willing to accommodate wife in shared house hold along with him, he is liable to pay..........
Protection of Women From Domestic Violence Act, 2005, Section 17, 12 -- Shared household - Wife living separately with her husband - Death of husband - Wife has no right against father-i, law to occupy any portion of self acquired property of father-i, law against his wishes...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of Act of 2005 - Limitation - S.468 Cr.P.C. has no application to S.12 of Act of 2005 as it is not a complaint and does not provide punishment...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Applicability of Act - Act is retrospective in nature ...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Maintenance - Husband being a clerk drawing salary of Rs.17,500 approximately - He is not a officer drawing huge salary - Wife residing with a baby - Maintenance of 60% of gross salary awarded to wife is excessive thus, husband directed to pay 40% of gross salary as maintenance to wife...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Compliant u/s 12 of Act is not required to be contested by appearing in person on each date of hearing - By engaging a counsel, proceedings can be contested...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Transfer of complaint - Respondent claiming herself to be an old female filed a complaint at place `A' - Complaint may be frivolous or a mode to harass the petitioners - Same cannot be transferred from place at `A' to place at `L' as the same can be contested through Advocate - Petition..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19, 20, 22, 23 -- Domestic violence - Residence order - Wife and her son living separately as husband refused to maintain her and to settle her along with him - It is obligation of husband to maintain his wife and son - Husband rightly directed to provide two rooms accommodation or to give an amount of..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20, 22, 23 -- Domestic violence - Maintenance - Husband refused to maintain wife and son - It is legitimate obligation of petitioner to maintain his wife and son - Husband not produced any evidence that wife has any source of income, whereas, husband is having sufficient means to maintain wife -..........
