Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint u/s 12 of the Act - Quashing of order restraining mother-i, law dispossessing daughter in law - During pendency of petition parties compromised - In terms of compromise entire sum agreed paid by petitioner and possession of premises handed over to petitioner - Impugned order set aside...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband not ready to take wife to matrimonial house and so wife has no other alternative than to take steps to enforce her rights by filing proceedings under Protection of Women from Domestic Violence Act and S.125 Cr.P.C - Such steps taken by wife by no stretch of imagination can be..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Factum of husband not paying any maintenance allowance to wife and her son amounts to domestic violence...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Cruelty - Withholding of stridhan of wife by husband amounts to cruelty...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20 -- Domestic violence - Wife neglected by husband without any reasonable cause - Husband admitted that he had not paid any maintenance allowance to wife and to her son for their survival, which amounts to domestic violence - No evidence on record that wife is self dependent and is having a proper..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 6 -- Rejection of application u/s 12 of the Act being barred by limitation - Case remanded by appellate Court for fresh decision - Magistrate rejected application without issuing any protection order, residence order or order of monetary relief - No occasion therefore, arisen requiring Magistrate to have..........
Protection of Women From Domestic Violence Act, 2005, Section 4(1) -- Application u/s 4(1) of the Act - Order directing revisionist to provide residential accommodation to opposite party No.2 and her son in the house or provide residence to them elsewhere as well as for making payment of Rs.1500/- per month to the opposite party No.2 for meeting the educational expenses of..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Proceedings under the Act - Cannot be filed for enforcement of preliminary partition decree passed by Civil Court, as such decree can be enforced by Executing Court...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Domestic violence - Residence order - Petitioner is not an aggrieved person nor is subjected to any kind of domestic violence by respondents - Moreover, brother of petitioner against whom she is seeking relief is not made party to present writ petition - Application u/ss 12, 19 of the Act held, not..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 29, Criminal Procedure Code, 1973, Section 482 -- Enhancement of maintenance - Reduction of maintenance by appellate Court - Petition u/s.482 Cr.P.C. still pending - When proceedings are still pending before the High Court, where same order passed by the appellate Court is challenged, Court should not have..........
