Protection of Women From Domestic Violence Act, 2005, Section 12, 2(a) -- Domestic violence - Application u/s 12 of the Act at the instance of mother-in-law - Maintainability - If mother-in-law is harassed or physically or mentally tortured by daughter-in-law or any other member of family, she could be brought within the fold of aggrieved person and would have a right to..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(a) -- Domestic violence - Aggrieved person - Mother-in-law is the aggrieved woman who has shared household and lived together with daughter-in-law in a domestic relationship as a joint family - She therefore has a right to file application u/s 12 of the Act in case she is harassed or physically or mentally..........
Specific Relief Act, 1963, Section 39, Protection of Women From Domestic Violence Act, 2005, Section 17(2), 19 -- Suit for mandatory injunction against daughter-in-law - Daughter-in-law obtained residence order u/s 19 of PWDV Act - Occupation or residence of daughter-in-law could only be a permissive occupation which does not amount to legal possession, as she is residing..........
Specific Relief Act, 1963, Section 39, Protection of Women From Domestic Violence Act, 2005, Section 17(2), 19 -- Suit for mandatory injunction against daughter-in-law under PWDV Act is maintainable to evict her under PWDV Act, as it is a procedure established by law referred u/s 17(2) of PWDV Act to evict or exclude the aggrieved person, even if she obtains a residence..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife suffered an ex parte divorce decree on 7.6.2016 and application to set aside ex parte decree has been numbered only on 11.1.2017 - Husband got remarried in the meantime after waiting for six months and begotten two children through second..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17 -- Domestic violence - Right of residence - Domestic violence is not the pre-requisite for right of residence u/s 17 of the Act - Right to claim residence is thus, maintainable even in absence of domestic violence ...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act - Limitation - There is no starting point for limitation for preferring application u/s 12 of the Act - Starting point arises only and only after there is a breach of Protection Order passed u/s 12 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Domestic violence - Jurisdiction of Court - Petition under the Act can be filed by aggrieved person where she permanently or temporarily resides - At the time of filing of petition, wife was temporarily posted in Delhi and her permanent residence is her parental home in Delhi - Wife was thus, residing..........
Civil Procedure Code, 1908, Order 6, Rule 17, Family Courts Act, 1984, Section 7, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Amendment of petition filed u/s 7 of Family Courts Act - To incorporate reliefs u/ss 18 to 22 of PWDV Act - S.26 of PWDV Act empowers Civil Court, family Court or a Criminal Court to grant reliefs u/ss 18 to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 479, Indian Penal Code, 1860, Section 354, 354A, Prevention of Women from Domestic Violence Act, 2005, Section 8 -- Bail - Undertrial prisoner - Victim has not been examined yet - Mother of victim is not willing to appear before trial Court, as she does not wish to pursue FIR - Applicant has already undergone one third..........
