Protection of Women From Domestic Violence Act, 2005, Section 2(a), 12 -- Domestic violence - Aggrieved person - Wife was not living with her husband at the time when Act came into force - Legal relationship between husband and wife continues, as they have not divorced as per law - Wife acquired the status of aggrieved person and provisions of the Act are thus applicable...........
Protection of Women From Domestic Violence Act, 2005, Section 2(a), 12, Criminal Procedure Code, 1973, Section 468 -- Proceedings under Act of 2005 - Applicability of S.468 Cr.P.C - Provisions of S.468 Cr.P.C. are not applicable to cases arising out of Act of 2005...........
Protection of Women From Domestic Violence Act, 2005, Section 27(1), 12 -- Territorial jurisdiction - Application u/s 12 of the Act - Wife presently residing with her parents after husband driven her out of matrimonial house - This fact is not contradicted by husband and his mother - Court at the place where wife is residing has jurisdiction to entertain the application..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(q) -- Domestic violence - Proceedings against mother-i, law - Maintainability - Aggrieved person may seek remedies under the Act against a female member or members who is/are in domestic relationship with her, as Supreme Court deleted the word `male' appearing in S.2(q) of the Act - Since wife was..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Provisions of Act are applicable to husband nevertheless he is living in Dubai - Wife may take recourse to provisions of Chapter VII A of Cr.P.C. to get order executed in Dubai against husband...........
Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Shared household - Right of residence in house owned by grandfather of husband - Wife not pointed out any material on record to prove that house in question is Joint Hindu Family Co-parcenary property of which husband is one of the members, thus, having right by birth - Even if the house in question is..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - While deciding application seeking interim relief Magistrate is not bound to hear the opposite party...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife living separately along with child - She is legally wedded wife of petitioner/husband - Evidence on record shows that husband demanded dowry, gave beatings to wife and having extra marital affair - Magistrate rightly found that wife is entitled to interim maintenance - Since..........
Protection of Women From Domestic Violence Act, 2005, Section 29 -- Grant of maintenance - Appeal against - Condition imposed that appeal would be heard only after 50% of maintenance amount was paid to wife - Order is without any legal basis - With regard to payment of maintenance amount execution proceedings already pending - Husband legally entitled to file an appeal u/s..........
Protection of Women From Domestic Violence Act, 2005, Section 13, 23, 28 -- Service of notice - Ex parte order - Not only service was effected upon husband at his permanent place of residence, but correspondent who is his mother was duly served - It is difficult to believe that husband was not aware of institution of proceedings - Plea that relationship between husband and..........
