Protection of Women From Domestic Violence Act, 2005, Section 19(1)(b) -- Domestic violence - House jointly owned by husband and wife - Wife seeking mandatory injunction to direct husband to move out of matrimonial house - Held, Magistrate on being satisfied that domestic violence has taken place can remove spouse from the shared household - Family Court rightly exercised..........
Protection of Women From Domestic Violence Act, 2005, Section 26, Civil Procedure Code, 1908, Order 8, Rule 6A, Provincial Small Causes Courts Act, 1887 -- Counter claim - Can be filed by defendant in a suit before Small Causes Court - Proceeding before Judge, Small Causes Court is a legal proceedings and Judge, Small Causes Court is a civil court - On the strength of S.26..........
Maharashtra Zilla Parishad and Panchayat Samiti Act, 1961, Section 12(2)(d), 274, Maharashtra Zilla Parishad and Panchayat Samitis (Manner and Rotation of Reservation of Seats) Rules, 1996, Rule 6, 9, 10 -- Panchayat elections - Seats reserved for women - Rotation of - Election process already completed in few electoral divisions - Alterations made for rotation of seats at..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - No specific allegation of beatings given by husband or his family members except bald statement of wife that she was maltreated - Father of complainant not stated anything regarding maltreatment meted out to his daughter - Even there is no independent witness from locality to prove..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 2(f), 12, 17, 19, 20, 22, 23 -- Shared household - Domestic relationship - Applicants, mother-i, law and married sister-i, law of victim, do not come within the definition of shared household and therefore, does not come in domestic relationship - Proceedings against applicants quashed...........
Protection of Women From Domestic Violence Act, 2005, Section 21 -- Claim of visitation rights by mother - Interim custody of children is with father - Merely because mother is having her different place of abode cannot be a significant factor for denying her right to visit her children - Both the Courts below committed error of law and fact in declining the prayer of..........
Constitution of India, 1950, Article 15, 14, 21 -- Gender discrimination - Society which does not respect its women cannot be treated to be civilized because civilization of country is known how it respect its women...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- House rent - Wife living with her parents and not paying any rent - Award of Rs.5,000/- as house rent, set aside...........
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...........
Hindu Women's Right to Property Act, 1937, Section 3(2) -- Joint Family Property - Death of Karta - Widow of Karta became entitled to a share in joint Family property - However, share of widow would remain undetermined till such time there is partition in the family...........
