Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 29 -- Right to residence - In self acquired property of father-i, law or in the alternative to pay rent at the rate of Rs.5,000/- p.m. - Husband offering wife to reside in house under his exclusive control - Order for residence in house of father-i, law without considering fact that said house is his..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 26 -- Interim order - Power to grant interim orders should be conceded to all courts having power to pass final orders as the very purpose of passing the interim order is to prevent a situation of the final order becoming meaningless...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 26 -- S.26 of the Act gives option to the aggrieved person to approach either the Magistrate u/s 12 of the Act or the Family Court if the person needs the reliefs contemplated u/ss 18, 19, 20, 21 and 22 of the D.V. Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 23, 28 -..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 12, 17, 18, 19, 20, 22, 21, Criminal Procedure Code, 1973, Section 468 -- Application for protection order - Filed after 3 years of desertion - Not barred - S.468 Cr.P.C. not applicable as on the date of alleged desertion there was no protection order and as such there could be no breach of it translating..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Notice sent by registered post - Returned with endorsement "unclaimed" - Since intimation was delivered and petitioner did not receive the registered envelope, there is a deemed service...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - No dispute about relationship between the parties and two children born out of the wedlock - Children of tender age - Petitioner employed and getting salary of Rs.10,000/- p.m. - Maintenance payable to two children determined for time being at Rs.3,500/- p.m. - That apart, petitioner directed..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Domestic Violence - Wife driven out of matrimonial home prior to commencement of Act, 2005 - Held, deprivation to benefits of matrimonial home amounts to economic abuse and it generates continuous cause of action - She is entitled to move application u/s 12 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 2(a), (q), 3, 12 -- Domestic Violence - Complaint against female relative of husband - Only if a complaint filed either by an aggrieved wife or a female living in a relation in the nature of a marriage, a female relative of the husband or the male partner could be arrayed as a respondent - In no other case, a..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Complaint against brother - Complaint by petitioner u/s.12 of the Act against her brother is only to compel him to settle property dispute with her - Held, petitioner is misusing provisions of law with some extraneous consideration - This cannot be permitted to be done - It is a gross..........
