Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Eviction order against daughter-in-law - Daughter-in-law instituted proceedings u/s 498-A IPC against petitioners - In order to defeat clam of daughter-in-law in such proceedings as also to prejudice proceedings under Protection of Women from Domestic Violence Act, proceedings under 2007 Act..........
Hindu Marriage Act, 1955, Section 13, 9, 21, 23A, Order 8, Rule 6A, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22, 26, Family Courts Act, 1984 -- Divorce petition filed in Family Court - Counter claim seeking relief under Hindu Marriage Act and Domestic Violence Act - Counter claim for such reliefs is maintainable in divorce petition..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Domestic violence - Right of residence and maintenance - Shared household - Wife entitled to claim residence in shared household only if she establishes domestic violence - Since there is no evidence to prove domestic violence, wife not entitled to right of residence - However, child has to be paid..........
Protection of Women From Domestic Violence Act, 2005, Section 23, Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Interim order of maintenance passed u/s 23 of Act of 2005 - Revision against such an order is maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband is conductor of magic taxi - However, taxi of husband seized by Finance company due to no, deposit of installments, as he had taken the taxi on loan - Husband has no means, as he could not even retain his vehicle and was unable to pay installments - Total amount outstanding..........
Protection of Women From Domestic Violence Act, 2005, Section 19, 20, 31 -- Shared household - Residence order in favour of daughter-in-law - Sale of property by mother-in-law to third party - Action of mother-in-law in disposing of property by way of registered sale deed no doubt caused loss to daughter-in-law, however, since there was no order restraining mother-in-law..........
Protection of Women From Domestic Violence Act, 2005, Section 19, 20, 31 -- Shared household - Residence order in favour of daughter-in-law - Sale of property by mother-in-law to third party - Order of residence in favour of daughter-in-law in force neither vacated nor modified by Courts - Mother-in-law sold the house in question - Action of mother-in-law in selling house..........
Protection of Women From Domestic Violence Act, 2005, Section 19, 23(2) -- Interim residence order - Quashing of order - Wife not disclosed the order granting maintenance @ Rs.15,000 p.m in her favour u/s 125 Cr.P.C - Said maintenance being regularly paid by husband not denied by wife - More so, residence order in favour of wife passed on the same day of moving application..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint u/s 12 of the Act - Quashing of complaint - Barred by limitation - Non-providing of maintenance is a continuous cause of action - Even if for 3 years wife did not claim maintenance for herself or for child, same would not debar her from seeking maintenance u/s 12 of the Act - Complaint held,..........
Protection of Women From Domestic Violence Act, 2005, Section 19(f) -- Right of wife to reside in matrimonial home - To be entitled to a right of residence in a house, wife has to show that same is a shared household in which her husband has a right to reside - It is not sufficient to merely show that house in which wife claims residence is a shared household, in addition..........
