Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife cannot be compelled to enter into a contractual arrangement whereby she is placed under an obligation to rent her property to husband, and thereby have her own independent source of income through rent - Impugned order set aside - Matter remanded back to appellate Court for..........
Custody of child -- Issues regarding history of domestic violence and threat to life cannot be gone into at the stage of deciding interim visitation rights, as these are serious allegations which require careful consideration both on facts and evidence...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Any woman who prima facie shows that she has suffered domestic violence at the hands of her spouse/partner, is entitled for interim relief...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - In the absence of cogent proof of wife being gainfully employed or earning a sufficient income to maintain herself, bald allegation that wife is earning through private tuitions, without any documentary proof does not disentitle her from getting an award of interim maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband undermining his income to avoid paying maintenance of appropriate amount to wife - Courts below have rightly taken into account that income of husband dipped around the time of filing of complaint and thus, guessed his income on the basis of partnership business and other..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable - Interim maintenance granted to wife is ordinarily to be granted with effect from the date of filing application for such maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable not mentioned - On an application filed by wife, it was ordered that interim maintenance is payable from the date of application - Magistrate has powers to take supplementary measures and pass the impugned order and it does not amount to review of order...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance to wife and two daughters - Elder daughter attained majority and her marriage was solemnized on the behest of husband - Husband cannot be fastened with such an obligation - However, maintenance @ Rs.5,000 each to wife and other daughter is proper...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable - Once it is found that wife and child are unable to maintain themselves and husband is capable of maintaining himself and having sufficient means, refused or neglected to pay maintenance, ordering payment of maintenance from the date of petition sounds..........
Protection of Women From Domestic Violence Act, 2005, Section 18 -- Protection order - Interim order protecting a woman in a domestic relationship from being dispossessed from the shared household qualify as a protection order - Violation of such an order will entail the consequences contemplated in S.31 of the PWDV Act...........
