Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Subsisting marriage - A woman, who is married, cannot enter into a domestic relationship as contemplated u/s 2(f) of the Act and even if she is successful in establishing a long standing relationship with the man, she is not entitled to protection under the provisions of Domestic Violence Act...........
Protection of Women From Domestic Violence Act, 2005, Section 17, 2(a) -- Shared household - Merely because wife is residing in house since her marriage, it cannot be termed as "shared house" as suit property has been concluded as self-acquired property of parents-i, law - Wife has no right to live in self-acquired property of parents-i, law...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Under law relationship in the nature of marriage is recognized and not a simplicitor live-i, relationship...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Marriage during subsistence of first marriage - First marriage not dissolved by any competent court as on date - Held, such a relationship cannot be granted any protection...........
Protection of Women From Domestic Violence Act, 2005, Section 2(q) -- "Respondent" - Female can be made respondent in the proceeding initiated under the Act, as legislature never intended to exclude female relatives of husband or male partner from ambit of a complaint that can be made under the provisions of the Act against them...........
Protection of Women From Domestic Violence Act, 2005, Section 17(1), 2(a) -- Right of residence in shared household - Aggrieved person - Divorced wife not entitled to claim right of residence in shared household, as she is not aggrieved person for purposes of Act...........
Protection of Women From Domestic Violence Act, 2005, Section 2(q) -- "Adult male" - In S.2(q) of the Act struck down and declared unconstitutional being violative of Article 14 of the Constitution, as these words discriminate between persons similarly situated and far from being in tune with, are contrary to the object sought to be achieved by the Act - When words `adult..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(f) -- Domestic relationship - Marriage annulled between parties - Even after passing decree of nullity of marriage, domestic relationship between parties for the purpose of the Act subsists out of their past joint living as legally wedded couple - Petition u/s 12 of the Act at the instance of wife after..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Definition of shared household emphasizes the factum of a domestic relationship and no investigation into ownership of said household is necessary, as right of aggrieved person is not dependent on title but mere factum of residence...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f), 19 -- Domestic relationship - Right to residence - Daughter-i, law estranged from her husband living with mother-i, law in premises owned by mother-i, law falls within a `domestic relationship' - Obligation not to disturb the right to residence in shared household would continue even if mother-i, law does..........
