Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Domestic violence - Residence order - Husband left for abroad leaving his wife in house of his parents - Subsequently, parents disowned their son and refused to maintain daughter-in-law/wife - Wife has no other source of income and no place to stay - Order of granting maintenance @..........
Protection of Women From Domestic Violence Act, 2005, Section 12 - - Refusal to grant maintenance - Applicant was having only source of income from business in question after death of her husband - Son of applicant not doing any business - After death of husband of applicant, respondent took over possession of said business and deprived the applicant from financial..........
Protection of Women From Domestic Violence Act, 2005, Section 29 -- Maintenance to wife and children - Relief granted to a woman or a female child cannot be disturbed or delayed by raking up technical irregularities, especially when purported irregularity had remained unchallenged and in fact had not taken its supposed toll so far as period for which dues accrued is..........
Protection of Women From Domestic Violence Act, 2005, Section 29 -- Maintenance to wife and children - Purported payments made by husband to wife irregularly, in an ad hoc manner although of his own volition, but not in terms of order passed by Court, cannot be adjusted by executing Court with arrears of maintenance allowance payable...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance to widowed daughter-in-law - Daughter-in-law along with her minor daughter continued to stay with her i, laws/petitioners even for some period after death of her husband - She was subjected to domestic violence at the hands of petitioners - House where petitioners are now residing..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Deceased husband and his brother were carrying joint business and drawing Rs.30,000/- p.m. each - House where complainant and her husband resided belong to a joint family - Whether requirements of S.2(f), S.2(q) and S.2(s) of the Act are fulfilled is a matter of evidence which will be..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(q) -- Complaint against minor - Maintainability - Complaint against minor (Bhanja of husband) is a patent misuse of process of law, as he is not adult in view of S.2(q) of the Act - Complaint qua minor held, quashed...........
Protection of Women From Domestic Violence Act, 2005, Section 28, 32, 12, Protection of Women From Domestic Violence Rules, 2006, Rule 15(6), Criminal Procedure Code, 1973, Section 468 -- Domestic violence - Limitation - Complaint not filed within one year of the incident - Proceedings quashed...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19, 23 -- Domestic violence - Complaint qua i, laws - Husband is already a party in the case - Petitioners are only i, laws of wife and they are living separately - Protection order against i, laws cannot be maintained, particularly when it seems to be false...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23(2) -- Proceedings u/s 12 or S.23(2) of the Act - Evidence by way of affidavit - Court in its discretion can allow evidence on affidavit and permit cross examination to test veracity of the evidence...........
