Criminal Procedure Code, 1973, Section 482 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.528), Protection of Women from Domestic Violence Act, 2005, S.12 - Quashing of application filed u/S. 12 of DV Act - HC can quash the proceedings initiated from the application filed u/s12(1) DV Act only in cases of gross illegality or gross injustice...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 125 -- Maintenance - Two round of litigations - Lok Adalat award in the first round of litigation - In the second round of litigation order of interim maintenance passed - Wife cannot seek recovery of maintenance on the basis of compromise arrived at by parties before..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 20 -- Interim maintenance - Husband alleged that lower court not considered profits from mutual funds/sale of shares etc. of wife - However, lower court noted that accounts were opened in name of wife but operated by husband and his father also registered mobile number and email ID linked to these accounts..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 20 -- Interim maintenance - Assessment of Income of wife - Wife has not been granted any interim maintenance and wife has not even challenged these orders for seeking any maintenance for herself - Detailed examination of wife's income would serve no useful purpose...........
Protection of Women From Domestic Violence Act, 2005, Section 23, 20 -- Interim Maintenance - Husband alleged irregularity in assessment of his income - Husband attempted to conceal his true income by not placing on record material documents, making vague assertions without proof and attempts to project unrealistically low income to avoid his legal obligation - No reason..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 20 -- Interim Maintenance of children - Working wife - Husband alleges equal liability to contribute 50% towards expenses incurred on upbringing of children - Where mother is both primary caregiver and working woman managing entirety of children's daily lives, her non-financial contributions must be duly..........
Evidence Act, 1872, Section 45, Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22, 28(2) -- Voice sample - Proceedings u/ss 12, 18, 19, 20 & 22 Domestic Violence Act - Magistrate in the matters of domestic violence has power to adopt procedure as per S.28(2) of PWDV Act - If there is adequate material on record having potential to prove..........
Protection of Women From Domestic Violence Act, 2005, Section 31, 18, 19, 20, 21, 22 -- Offence u/s 31 of the Act - S.31 of the Act applies only to breach of protection orders mentioned in S.18 of the Act and not to residence orders mentioned in S.19 of the Act, monetary reliefs mentioned in S.20 of the Act, custody orders as per S.21 of the Act and compensation orders as..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Waiver of abandonment of right of maintenance by wife would not negate claim of maintenance by wife or by child...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Whether wife is having an independent income to live, as in the same standard of husband who is admittedly doing the job of pilot and assets for herself thereof, is a matter of evidence - Court cannot look into these aspects in detail while considering an interim application for..........
