Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Applicant no.1 who is the mother-in-law of wife has been residing in shared household, will fall within the definition of respondent as per S.2(q) of the Act - There is allegation that mother-in-law has harassed for demand of dowry and she also extended threat to evict her from shared..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Condition precedent to perform an act by wife - Court cannot pass such an order...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Interim relief can be granted merely upon satisfaction that application by wife prima facie discloses commission of domestic violence - Veracity of case of wife would be tested during course of trial...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife cannot be compelled to enter into a contractual arrangement whereby she is placed under an obligation to rent her property to husband, and thereby have her own independent source of income through rent - Impugned order set aside - Matter remanded back to appellate Court for..........
Custody of child -- Issues regarding history of domestic violence and threat to life cannot be gone into at the stage of deciding interim visitation rights, as these are serious allegations which require careful consideration both on facts and evidence...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Live-in-relationship - All live-in-relationships are not relationships in the nature of marriage - Live-in-relationship has no inherent or essential characteristic of a marriage - Petitioner's status is lower than the status of a wife and that relationship would not fall within..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - If a Hindu/Christian/Parsi/Jew husband contracts second marriage during the subsistence of the first marriage, it would constitute cruelty besides being an offence of bigamy - It would obviously be considered an act of domestic violence entitling the wife to claim compensation u/s 12 of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Muslim wife - Husband when contracts second marriage during subsistence of first marriage - Though, wife cannot stop the husband from entering into a second marriage but she has the right to seek maintenance and refuse to be a part of the matrimonial household, as act of second marriage..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 12 -- Maintenance to widowed daughter-in-law - Father-in-law is not bound to give maintenance to widowed daughter-in-law as per Domestic Violence Act and Muslim law...........
Civil Procedure Code, 1908, Order 6, Rule 17, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint/Petition u/s 12 of Act of 2005 - Amendment - Columns for monetary reliefs were inadvertently left blank in the complaint - Same was an apparent oversight and there was no reason why complainant should not be permitted to rectify the same - Moreover,..........
