Protection of Women From Domestic Violence Act, 2005, Section 12, 23(2), 28 -- Amendment of pleadings - Magistrate has power to allow amendment of petition or written statement...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Amendment of petition - Petition u/s 12 of the Act - Amendment sought to incorporate the relief u/s 19 of the Act for awarding monthly allowance - Petitioner learned that this claim is not included in the petition when she entrusted the case to another counsel - Court not to prejudge the merit of the..........
Protection of Women from Domestic Violence Act, 2005, Section 2(1), 12, 26, 29, Family Courts Act, 1984, Section 7(2) -- Domestic violence proceedings - Criminal court - Magistrate means a judicial Magistrate of First Class or as case may be - Magistrate exercising power under Act of 2005 acts as a criminal court - An appeal shall lie to Court of Sessions from order passed..........
Protection of Women from Domestic Violence Act, 2005, Section 12, 29, Criminal Procedure Code, 1973, Section 397(1), 401, 482 -- Magistrate exercising power under Protection of Women from Domestic Violence Act - Inferior to the Court of Sessions and High Court - Judgment of Sessions Court in appeal is revisable by High Court in exercise of its revisional jurisdiction -..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Mere assertion by husband that he has not sufficient means to maintain wife is not sufficient - Husband failed to submit relevant statement of his bank accounts inspite of a direction of trial Court - Court justified in drawing adverse inference against the husband...........
Protection of Women From Domestic Violence Act, 2005, Section 3, 12 -- Wife not maintained by husband - Wife subject to 'economic abuse' - Civil wrong continuously committed after coming into force of Act - Held, Act applies to the petitioner...........
Protection of Women From Domestic Violence Act, 2005, Section 3, 12 -- Husband physically challenged person - Act recognizes the right of a woman to be maintained even from a physically challenged husband...........
Protection of Women From Domestic Violence Act, 2005, Section 3, 12 -- Maintenance - Poverty is not a defence against the right of a woman for maintenance...........
Protection of Women from Domestic Violence Act, 2005, Section 12,2(q) -- Cruelty to wife - Marriage between petitioner and respondent already stood dissolved by decree of divorce - No jural relationship between them exists at the time of filing of case under Domestic violence Act - Complainant is silent as to dates when alleged violations under the Act have occurred -..........
Protection of Women from Domestic Violence Act, 2005, Section 12, Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - Criminal complaint filed by wife u/s 498-A, IPC - Accused acquitted - Subsequently, wife filed complaint under Domestic Violence Act alleging matrimonial offences - Held, protection u/s 300, CrPC and..........
