Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Award of Rs.30,000/- as per compromise between parties - Award of Rs.40,000/- as interim maintenance by appellate Court, set aside - Order of payment of interim maintenance of Rs.30,000/- upheld...........
Protection of Women From Domestic Violence Act, 2005, Section 21, 12 -- Interim custody of child - Petition by father - Court u/s 21 of the Act can pass order granting temporary custody of child - However, Act is not a final remedy for custody and guardianship issues of a minor child - S.7 of Family Courts Act vests jurisdiction in Family Court to decide suits or..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - It is not mandatory to obtain report from Protection Officer before deciding application u/s 23 of the Act - However, such report is required before passing order on application filed u/s 12 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Cannot be denied merely on ground that wife is living separately from her husband, particularly, when wife specifically pleaded that husband solemnized second marriage and for that reason it is not possible for her to reside with him...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Husband has no objection to pay interim maintenance of Rs.5,000 to wife, as directed by Trial Court - As regards claim of maintenance on merits pertaining to rental accommodation, maintenance to daughter and other benefits are concerned the same requires proving of facts and would be..........
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...........
