Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Meaning - House belonging to husband or taken on rent by him or house which belongs to joint family of which husband is a member - Property in question neither belongs to husband nor was it taken on rent by him, nor it is a joint family property of which he is a member - Merely because..........
Protection of Women From Domestic Violence Act, 2005, Section 21, Family Courts Act, 1984, Section 7, 8, 20 -- Custody of minor - Maintainability - Since the Family Court has already been established having exclusive jurisdiction, proceedings initiated u/s 21 of 2005 Act dismissed as not maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 21, Family Courts Act, 1984, Section 7, 8 -- Custody of minor - U/S 21 of 2005 Act, no independent remedy has been provided to seek custody of minor child and jurisdiction has been conferred upon Magistrate to grant temporary custody of child to aggrieved person during the course of hearing of an application for..........
Protection of Women From Domestic Violence Act, 2005, Section 2(f), 12 -- Married woman - Live-i, relationship with another man - Not entitled to protection under the Act, even if she establishes a long standing relationship with a man as his concubine or mistress - However, the same is not the case of a unmarried woman who is otherwise qualified to marry...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - When a women is subjected to cruelty by her husband or his any relative, it is an offence u/s 498-A IPC - But in order to provide remedy in civil law for protection of women from being victim of domestic violence and to prevent occurrence of domestic violence the PWDV Act is enacted...........
Protection of Women From Domestic Violence Act, 2005, Section 2(a) -- `Aggrieved person' - Once a female approaches Court claiming that she has been turned out of shared household and is deprived of any financial resources and statutory right of residence, she is presumed to be an `aggrieved person'...........
Protection of Women From Domestic Violence Act, 2005, Section 2(a) -- `Aggrieved person' - Mere allegation is sufficient enough by aggrieved person to set into motion the proceedings under the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Husband contended that he has obtained an ex-parte decree of divorce against wife in U.K thus she is not entitled to any relief under the Act - Contention rejected as ex-parte decree has not become final and same will not defeat rights of wife under local law i.e PWDV Act - Wife, held,..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17 -- Shared household - Wife is entitled to residence in a shared household in first instance but in case for any unavoidable circumstances she has to be provided other residence, it has to be property commensurate with her life style and her current residence depending upon other circumstances - Mere..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22, 23(2) -- Domestic violence - Maintenance - Merely because wife is capable of earning, being a doctor, husband will not be absolved of duty to maintain wife and provide residence - Court below committed error by not giving any sufficient reason for reducing the amount of interim maintenance..........
