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...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Proceedings u/s 12 of the Act - Jurisdiction of Court - Parties are living in UK and alleged incident of domestic violence took place in London - Wife was not residing in Dehradun permanently or even temporarily at the time of filing complaint - Therefore, Dehradun does not qualify as her "temporary..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Protection of Women from Domestic Violence Act,2005 -- Eviction of daughter-in-law - Shared household - Where daughter-in-law has a right to share matrimonial house and has raised a claim under Domestic Violence Act qua the same and has consequently got a favourable order, said order has to be..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Protection of Women from Domestic Violence Act,2005 -- Eviction of daughter-in-law - Shared household - Injunction order not to dispossess daughter-in-law from shared household passed in her favour under PWDV Act - Authorities under 2007 Act directed to evict daughter-in-law from shared household..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Petition u/ss 18 to 22 of the Act - If a legal proceeding is pending in a civil, criminal or a family court, aggrieved person has a right to seek relief u/ss 18 to 22 of the Act and this relief shall be in addition to and along with other relief that such aggrieved person may be seeking in..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Petition u/ss 18 to 22 of the Act - Order passed by trial Magistrate - Appeal thereagainst - Such an order can be assailed in the manner as provided under Code of Criminal Procedure or Family Court Act, as the case may be, and not in the manner as provided under D.V. Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Interim maintenance - Domestic Violence Act does not distinguish between a first or subsequent marriage for the purpose of entitlement to maintenance...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Interim maintenance - Grant of 12,000/- p.m. which was later enhanced to Rs.33,000/- p.m. payable from the date of filing of application - In appeal the amount was enhanced to Rs.1,00,000 per month - Plea that wife is capable of earning - While capacity to earn may be a relevant factor, it..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Marriage between parties has been declared null and void by declaratory decree - It shall relate back to date of marriage - Once marriage of parties itself has been declared void-ab-initio, subsequent relationship between parties is of no consequence - Since there is no relationship..........
