Protection of Women From Domestic Violence Act, 2005, Section 12, 28 -- Proceedings under the Act - Commencement of proceedings would take place the moment, Magistrate applies his mind to contents of application and passes any judicial order including that of issuance of notice...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28, Criminal Procedure Code, 1973, Section 482 -- Proceedings under the Act - Inherent power of High Court u/s 482 Cr.P.C, subject to self imposed restrictions including factor of availability of equally efficacious alternate remedy u/s 29 the Act, would be available for redressal of grievance of party..........
Live-in-relationship -- Both boy and girl major - Boy less than 21 years of age - Even if they are not competent to enter into wedlock but both being major have right to live together even outside wedlock - Live-i, relationship is now recognized even by Legislature itself which has found its place under the provisions of Protection of Women From Domestic Violence Act,..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Divorce subsequent to filing of complaint under the Act - Wife remarried - As there are allegations of domestic violence against husband which can only be decided after parties lead evidence - Complaint filed by wife, cannot be quashed, even though wife allegedly remarried subsequently...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Proceedings under the Act - Maintainability - Father and mother of husband never resided or stayed together with wife in a domestic relationship as defined u/s 2(f) of the Act - Compliant filed under the Act against father and mother of husband quashed being not maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 17, 19, 2(s) -- Right to residence - Shared household - House in question exclusively belonging to father-i, law - It cannot be called a `shared household' within ambit of S.2(s) of the Act - Daughter-i, law thus, has no right to reside in said house - Injunction order passed by Court restraining father-i, law..........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of complaint - Maintainability - Complaint under the Act - Earlier also husband filed criminal miscellaneous petition challenging orders passed by Appellate Court by which they summoned to appear as well as order restraining husband from dispossessing..........
Protection of Women From Domestic Violence Act, 2005, Section 26, Hindu Marriage Act, 1955, Section 13(1)(a) -- Relief under the Act of 2005 - Where Family Court is dealing with petition for dissolution of marriage filed by petitioner u/s 13(1)(ia) of the Act, petitioner's application u/s 26 of Act of 2005 seeking reliefs u/ss 18, 19, 20, 21, 22 of the Act of 2005 is..........
Protection of Women From Domestic Violence Act, 2005, Section 26 -- Jurisdiction of Court - Civil Court, Family Court and Criminal Court have jurisdiction to entertain and try an application u/s 26 of the Act, in pending proceedings affecting parties and Court can formulate its own procedure to conduct proceedings...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 26 -- Application under the Act - Family Court is empowered to formulate its own procedure for disposal of petitioner's application under the Act - It is not mandatory for Family Court to follow Cr.P.C...........
