Protection of Women From Domestic Violence Act, 2005, Section 27 -- Domestic violence - Jurisdiction of Court - Wife residing with her parents at place `B' - Court at place `B' has jurisdiction to entertain the complaint and take cognizance of the offence...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Occasional disagreements and flare ups between spouses and his mother, at best could be said to be trivial domestic disputes which do happen in every marriage...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19 -- Domestic violence - Even if it is presumed that wife has taken divorce, even then petition under the Act is maintainable even when wife was subjected to domestic violence before coming into force of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 20, 21, 22, 23 -- Divorced wife - If an act of domestic violence is committed by husband, subsequent decree of divorce will not absolve liability of husband from offence committed or to deny benefit to which aggrieved person is entitled under the Act including monetary relief u/s 20 of the Act, child custody u/s..........
Matrimonial litigation -- Furnishing of affidavit of assets, income and expenditure - Directions issued to Family Courts in the States of Punjab, Haryana and Union Territory of Chandigarh and also to all Courts handling matrimonial litigation in the said states that : (i) Courts shall insist upon parties to furnish "Affidavit of assets, income and expenditure" in given..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce petition by husband - Plea of wife that she is a victim of ill treatment and domestic violence at the hands of husband is clearly discernible - Even, if we accept the version of husband that wife reported against him to protection officer and thereafter policeman came to his house or he was summoned to police..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Wife has a right in law to seek restitution of marital ties from husband - As it is evident that husband has withdrawn from her society without any sufficient reasonable cause - Husband moved out and started staying separately on account of her lodging a complaint under Domestic Violence Act - It is..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17 -- Shared household - Where family member leaves shared household to establish her own household, she cannot claim to have a right to move an application u/s 12 of the Act on basis of domestic relationship - If at all complainant is having any right over property, she can file a suit for partition -..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17 -- Shared household - Property neither a joint family property nor property of husband - Wife is not entitled to shared household and she cannot file an application u/s 12 of the Act...........
Protection of Women from Domestic Violence Act, 2005 -- Object of the Act - Act provides for rights of women to reside in their `matrimonial home' or `shared household' irrespective of whether their husband or i, laws have a title to property...........
