Protection of Women From Domestic Violence Act, 2005, Section 12, 28 -- Order of maintenance - Enforcement - To enforce a order of maintenance, Magistrate is mandated to follow the procedure laid down u/s 125 Cr.P.C as per S.28 of PWDV Act...........
Protection of Women From Domestic Violence Act, 2005 -- Proceedings under the Act - Depriving appellant of interim maintenance - Order set aside...........
Protection of Women From Domestic Violence Act, 2005, Section 19(1)(f) -- Monetary expenses in lieu of shared house - Husband living with his first wife - In such circumstances directing respondent to stay in the same house in a separate room would not be feasible practically - Sum of Rs.5000/- p.m. thus, granted to respondent so that she can find out suitable alternate..........
Hindu Marriage Act, 1955, Section 24, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Wife entitled to claim maintenance under two different enactments - Only rider would be that amount would not overlap and it would be inclusive of maintenance under each jurisdiction and not exclusive...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 8(2), Protection of Women From Domestic Violence Act, 2005, Section 17(2) -- Proceedings under Act of 2007 - Orders passed under PWDV Act specifically and consciously not passed against senior citizen do not bar or in any other way act as a legal hindrance for Maintenance Tribunal to exercise its..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Protection of Women From Domestic Violence Act, 2005, Section 17, 19, 26 -- Property of senior citizen - Eviction of daughter-in-law - Shared household - Daughter-in-law has been living in house in question in domestic relationship with mother-in-law - Nothing at all is pleaded that mother-in-law..........
Protection of Women From Domestic Violence Act, 2005, Section 23(2), 28 -- Maintenance pendente lite - Non payment - Defence can be struck off if default is found to be deliberate and wilful - However, such an order ought to be passed only as a last resort...........
Protection of Women From Domestic Violence Act, 2005, Section 23(2), 28 -- Interim maintenance - Default in payment - Striking off defence - Wife is a dependent unemployed woman and husband has ability to maintain her - Interim maintenance was awarded in 2018 by trial Court but not a single month's maintenance is paid so far - Failure on the part of husband to pay interim..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance - Mere fact that wife is earning and is Income Tax Payee, does not disentitle her to claim maintenance - Income Tax returns of wife shows that she has declared total annual income of Rs.81,000/- which works out to less than Rs.7,000/- p.m. - Wife is entitled to the same standard of..........
Protection of Women From Domestic Violence Act, 2005, Section 3, 12 -- Domestic violence - Non-payment of maintenance alone would constitute domestic violence...........
