Protection of Women From Domestic Violence Act, 2005, Section 12, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Proceedings under Domestic Violence Act and provisions of IPC - Petition for quashment of proceedings - Fact that divorce was granted by a foreign Court between parties does not..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(f) -- Domestic relationship - Arises in respect of an aggrieved person if the aggrieved person had lived together with the respondent in a shared household - This living together can be either soon before filing of petition or `at any point of time' - `At any point of time' means where an aggrieved person..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic relationship - Comes to an end once the son along with his family moved out of the joint family and established his own household or when a daughter gets married and establishes her own household with her husband - An application under the Act cannot be filed by a person who has established his..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 31, 33, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 12 -- Acts of violence committed prior to coming into force of the Act - Wife lived together with her husband in the shared household in the past but no more living with him at the time when Act came into force - Held,..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 31, 33, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 12 -- Wife compelled to leave matrimonial home - Couple had no children - Husband directed to provide a portion of his house to wife and said portion to be properly furnished according to the choice of wife to enable..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Report of Protection Officer - Word `Shall' in the provision cannot and should not be allowed to defeat the scheme of the Act - Held, calling of Domestic Violence Report from a Protection Officer: (a) would advance the cause of justice; (b) is not a mandatory rule of law; (c) is..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(q) -- Female relative of husband or male partner - Legislature never intended to exclude female relatives of the husband or male partner from the ambit of complaint that can be made under the provisions of Domestic Violence Act, 2005...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings under the Act - Can be initiated on the basis of an application filed by aggrieved person or from a protection officer or any other person on behalf of the aggrieved person - Only certain particulars are to be stated as regards the claim raised and no specific pleading with respect to any..........
Protection of Women From Domestic Violence Act, 2005, Section 3, 12 -- Domestic violence - Among others, takes in economic abuse also...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Grant of - Husband was not granted any opportunity to meet case of wife before passing adverse order against him - Written request was made by husband to file objections - Final order passed without providing any opportunity to husband - Held, when husband appeared before court after..........
