Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Complaint - Quashing of proceeding - There is an allegation of demand of dowry and also misbehaving complainant/respondent by way of using filthy language, involving her dignity - Held, criminal proceeding cannot be quashed against i, laws at..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 26, Indian Penal Code, 1860, Section 498A -- Whether parallel proceeding u/s.498A IPC and also u/s.12 of DV Act can continue? - Held, yes, as per S.26 of DV Act reliefs that can be claimed under DV Act by way of filing a complaint u/s.12 is in addition to legal proceedings that may be initiated by an..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Proceedings under the Act - Limitation - Held, no time limit is fixed for filing such proceedings - What is required is to show that applicant is aggrieved person as defined under the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f), (a)(s), 12 -- Domestic relationship - Valid marriage is not the requirement to claim benefit of the Act - Averment that they used to live together at times - Held, petition discloses the domestic relationship, hence, maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Police inducted respondent No.6 in the house of petitioner, without any order ever passed under provisions of Act - Petitioner lived in the house with his widow mother - Respondent No.6 instituting several proceedings against husband and claiming to be wife of petitioner - Petitioner's application..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act is maintainable even without report of the domestic incident received from Protection Officer or Service Provider...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Wife residing separately at her parental home since 1.1.1999 - Act though not retrospective but since the relief claimed is prospective and not retrospective as such application filed u/s 12 of the Act is maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 29, Criminal Procedure Code, 1973, Section 401 -- Order passed by Magistrate excluding opposite party Nos.1 to 4 from category of respondents on ground that they being women relatives of husband of petitioner, thus, they cannot be added as respondents - Revision against - Maintainability - Held, impugned..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(f) -- Protection order - Can be obtained only against the person who was in domestic relationship with the person aggrieved - Held, protection order against father-i, law, brother-i, law and other near relations of husband who were not in domestic relationship with aggrieved wife cannot be passed...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Husband - Protection to reside in the shared household - Protection of Act is not provided to a husband who was allegedly ill-treated by his wife - Phrase "aggrieved person" u/s 2 of the Act means "a woman who has been subjected to any act of domestic violence by the husband" - Concept of shared house-hold..........
