Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Right of residence - Parties never lived together in the property in question - Evidence on record shows that appellant not married with respondent as his wife was alive - Respondent thus has, no right to reside in the property in question - Ex parte order permitting respondent to occupy the premises,..........
Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Shared household - Right of residence in house owned by grandfather of husband - Wife not pointed out any material on record to prove that house in question is Joint Hindu Family Co-parcenary property of which husband is one of the members, thus, having right by birth - Even if the house in question is..........
Protection of Women From Domestic Violence Act, 2005, Section 13, 23, 28 -- Service of notice - Ex parte order - Not only service was effected upon husband at his permanent place of residence, but correspondent who is his mother was duly served - It is difficult to believe that husband was not aware of institution of proceedings - Plea that relationship between husband and..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Monetary relief - Residence order - Husband is an I.T professional and has sufficient income around Rs.40,000 p.m - Monetary relief @ Rs.15,000 thus, rightly awarded to wife - However, as regarding residence order, since parties are unwilling to come to a mutually agreed decision as to alternate..........
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 17(1) -- Right of residence in shared household - House in which wife claiming her share not in the name of her husband - Said house is in exclusive ownership and possession of children of husband born from his first wife - Thus, second wife cannot claim right to shared residence...........
Protection of Women From Domestic Violence Act, 2005, Section 27 -- Territorial jurisdiction - Temporary residence - Even if for temporary period of time, aggrieved person is residing at place, she can seek reliefs under the Act by filing appropriate application before competent Court within local limits whose jurisdiction such place situates...........
Protection of Women From Domestic Violence Act, 2005, Section 27 -- Temporary residence - Includes place where aggrieved person was compelled to reside in view of commission of domestic violence - Aggrieved person may not have decided to reside there permanently or for considerable length of time but for the time being but does not include place where aggrieved person has..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17 -- Right of residence - Wife claiming residence in the house owned by husband - However, said house is being rented out, possession of the same cannot be handed over - Sum of Rs.2,000 p.m in lieu of residence is awarded to wife...........
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...........
