Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence - Allegation of wife that her husband had been living in adultery with another woman and produced several documents in support of same, is sufficient to substantiate grant of interim relief of right to residence in favour of wife...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence - Allegation of wife that her husband had been living in adultery with another woman and produced several documents in support of same, is sufficient to substantiate grant of interim relief of right to residence in favour of wife...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Husband was in a relationship with wife as he married her - Question whether marriage would be void or not is a matter of trial - Even otherwise, there is no dispute to the fact that till the time wife was residing with husband, she was in a `domestic relationship' with him in a..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Domestic violence - Monetary relief - Husband admittedly an executive of a reputed multinational Company earning about Rs.4,50,000 pm in Indian currency - Nothing on record that wife actually earned a sum that could sustain her - Amount of monetary relief payable to a wife would be a portion of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Enforcement of order passed u/s 12 of the Act - Parties have to file an application before jurisdictional Magistrate for enforcement of order passed u/s 12 of the Act and Magistrate may for every breach of the order, issue a warrant for levying the amount due in the manner provided..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Petitioner and respondent are residing together for last 5 years in a live-in-relationship and are now getting married to each other - Materials in the form of photographs and other documents showing that they have married each other, is produced - School records of child shows that..........
Protection of Women From Domestic Violence Act, 2005, Section 21, 23 -- Interim custody of children - S.21 of the Act has overriding effect on any other law - There is thus, no merit in contention of husband that temporary custody of children could be dealt with only in proceeding under Divorce Act or Guardians and Wards Act - Contention rejected...........
Protection of Women From Domestic Violence Act, 2005, Section 21, 23, 12 -- Interim custody of children - Mere pendency of matrimonial cases between parties does not divest jurisdiction of Magistrate to adjudicate application for custody of children or application filed u/s 12 of the Act...........
Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Anti-suit injunction - To prevent opposite party from instituting or continuing with the proceedings in another Court in domestic or foreign country - Anti suit injunction is maintainable in view of power to grant injunction in matrimonial disputes by Family Court - This power is traceable to S.7(1) Explanation (d)..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Wife is unable to maintain herself and her minor daughter - Husband being an able bodied young man stated to be working as Granthi having gone to Canada twice and statedly given Car and other valuable articles in dowry - Maintenance @ Rs.5000/- pm to wife and Rs.3000/- pm to minor..........
