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...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Right of residence - Shared household - Pending suit for mandatory injunction for eviction of daughter-in-law filed by father-in-law - Admittedly, wife stayed in the said house with the husband till the husband managed to flee abroad - Hence, Court below rightly concluded that right of daughter-in-law to..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 2(f) -- Domestic relationship - Shared household - Cousin brother of husband - complainant and cousin brother of husband residing in the same building but on different floors - By no stretch of imagination it can be said that they lived together in a shared household - Complaint quashed...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act by Divorced wife - Maintainability - Decree of divorce obtained by husband by playing fraud upon Court - Even otherwise, Act of domestic violence once committed, subsequent decree of divorce will not absolve liability of husband from offence committed to deny benefit to which..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - While deciding application u/s 12 of the Act, Magistrate can adopt any procedure that he may deem appropriate which is in accordance with principles of natural justice...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Trial Court asked parties to file affidavits of their income, expenditure, assets and liabilities to enable him to effectively adjudicate application u/s 23 of the Act - Said procedure cannot be held to be violative of principles of natural justice, as both parties have adequate..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Jurisdiction - Issue of jurisdiction dealt with in most cursory manner without looking into material adduced on record by husband - Wife served in the present case at a address in a different district - Husband also placed on record certain documents, perusal of which shows that at..........
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..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Serious allegations of cruelty - Even if there is no evidence on record to prove domestic violence caused to wife by husband, still husband is liable to pay maintenance to child...........
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..........
