Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Marriage between parties has been declared null and void by declaratory decree - It shall relate back to date of marriage - Once marriage of parties itself has been declared void-ab-initio, subsequent relationship between parties is of no consequence - Since there is no relationship..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared Household" - The provisions ensure that the victims are provided financially as well as protection from being ousted from their "Shared Household" where the victim is residing, victim can even seek alternate accommodation, or direction to pay rent of the alternate accommodation - The victims right..........
Protection of Women From Domestic Violence Act, 2005, Section 29, 23, 12 -- Interim relief - Even in absence of Domestic Incident Report a Magistrate is empowered to pass ex parte or interim relief as well as final order under the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - S.12 of the Act does not make it mandatory for a Magistrate to consider Domestic Incident Report (DIR) before passing any order under the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 29, 23, 12 -- Interim maintenance - Though husband may have personal financial commitments, those cannot override his primary duty to maintain his wife - Maintenance rightly granted...........
Return of gold ornaments -- Entrustment of 53 sovereigns of gold by wife to respondents for safe keeping - Due to domestic and informal nature of such transactions, she would not be in a position to produce documents or independent witnesses to prove entrustment - Court has to adopt a pragmatic approach and decide the issue of entrustment on the principle of preponderance..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of proceedings - Proceedings under PWDV Act - Only in cases where there is manifest illegality and blatant irregularity of proceedings, High Court will be justified in exercising jurisdiction u/s 482 Cr.P.C (S.528 BNSS) to unsettle orders..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of proceedings - Proceedings under PWDV Act - Interim order passed by Magistrate under PWDV Act cannot be said to be one of gross illegality or irregularity - Petitioner could very well approach same Court seeking order modifying or vacating..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Every woman in a domestic relationship shall have right to reside in shared household, whether or not she has any right, title or beneficial interest in the same...........
Protection of Women From Domestic Violence Act, 2005, Section 17, 12 -- Shared household - House in question is matrimonial home of wife wherein after her marriage she was residing with her husband and children - Wife is in domestic relationship with respondents/in-laws as defined in S.2(f) of PWDV Act - After the death of her husband, respondents subjected her to cruelty..........
