Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence prior to coming into force of Act - Relief of claim is civil in nature - Till date of filing of petition u/s 12 of the Act petitioner was not granted any relief sought for in her petition u/s 12 of the Act - It is a continuous act of deprivation of her right - It is a continuous cause of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Petition u/s 12 of the Act - After death of husband, petitioner had acquired a right in ancestral joint family property - Petitioner not granted a share in the ancestral joint family properties and is thus deprived of her economic and financial resources to which she is legally entitled - Held, Court is..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(q) -- Female relatives of husband - Can be arrayed as respondent to the application u/s 12 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Wife subjected to cruelty and harassment for various reasons - However application not containing any recent incident of domestic violence nor any explanation furnished as to why application was not filed at an earlier point of time despite the fact that Act was brought into force in the year 2006 - Order..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Notice to the opposite party - Proviso to S.12 of the Act is applicable to such an interlocutory order - Magistrate has to pass a reasoned order holding that prima facie case exists and asking as to why reliefs, as claimed in the application, should not be granted...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 26, 36 -- Domestic violence - Cognizance of offence - Continuing offence - Held, S.26 and 36 in no way confers jurisdiction upon a Magistrate to take cognizance of offence of domestic violence which was committed prior to coming into force of law unless offence is a continuing one - Though the Act is..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Aggrieved person - Held, a wife or a woman in "domestic relationship" can seek reliefs provided under Chapter-IV though she may be living separately at the time of filing of application u/s.12 of the Act - Keeping in mind, definition of "aggrieved person" and domestic relationship", it..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19 -- Alternative accommodation - Claim for alternative accommodation can only be made against husband and not against other relatives...........
Protection of Women From Domestic Violence Act, 2005, Section 12,23(5) -- Domestic Violence - Report of protection officer - Question as to whether at the time of issuance of notice i.e. taking cognizance on the complaint, Court is duty bound to issue notice to the respondent only after the report of the Protection Officer is received? - Matter referred to Division Bench..........
