Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Right of residence - Marriage of wife was dissolved by a decree of divorce - Although said decree has been challenged by wife and matter stands remanded for fresh adjudication, as on date there is no subsisting matrimonial bond or domestic relationship between parties - In the absence of..........
Protection of Women From Domestic Violence Act, 2005, Section 31, 33, Criminal Procedure Code, 1973, Section 468 -- Domestic Violence - Complaint u/Ss. 31,33 of DV Act - Applicability of S.468 Cr.P.C. - S.468 only applies to complaint u/Ss. 31, 33 of DV Act and does not apply to any other application under DV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23, Criminal Procedure Code, 1973, Section 468 -- Domestic Violence - Application u/Ss. 12, 23 of DV Act - Applicability of S.468 Cr.P.C - Bar of limitation provided u/s 468 Cr.P.C does not apply to complaint/application u/Ss. 12, 13 of DV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic Violence - Application u/s 12 of DV Act is not a complaint defined u/s 2(d) of Cr.P.C - Therefore, procedure for taking cognizance u/s 190(1)(a) Cr.P.C. and procedure set out in Chapter XV of Cr.P.C does not apply to application u/s 12 DV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Right of residence contemplated u/s 17(1) of the Act is not an absolute right conferred upon a woman, rather is limited to extent of circumstances expressed u/s 17(2) of the Act thereby creating a restriction in the interest and/or right emanating from S.17(1) of the..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Widowed daughter-in-law is not entitled to claim right of residence for two reasons i.e. it is upon her own volition that she stopped residing at suit property for past 13 years and secondly, right of residence provided under S.17(1) of the Act, stood curtailed as..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Domestic violence - Marital relations should be seen as a aggravating factor, and not a mitigating factor, in the offences of domestic violence where accused has the intention to kill...........
Protection of Women From Domestic Violence Act, 2005, Section 31 -- Registration of FIR u/s 31 of the Act - Police is not empowered per se to register an FIR u/s 31 of the Act - It is only on breach of an order passed u/ss 12 to 23 of the Act criminal liability u/s 31 of the Act arise...........
Criminal Procedure Code, 1973, Section 2(d), Protection of Women From Domestic Violence Rules, 2006, Rule 2(b) -- Complaint - Police report submitted after investigation under PWDV Act cannot be treated as a `complaint' for the purpose of taking cognizance under PWDV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Proceedings u/s 12 of the Act - Under PWDV Act, law applies to people who have lived together in a shared household - Simply naming relatives in a complaint, without giving clear details of incidents, dates or acts, is not enough to proceed against them...........
