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,..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - An order passed under the Act remains in force till the time that order is either set aside in an appeal u/s 29 of the Act, or altered/modified/revoked in terms of S.25(2) of the Act by Magistrate...........
Protection of Women From Domestic Violence Act, 2005, Section 25(2) -- Alteration of order passed under the Act - For the invocation of S.25(2) of the Act, there must be a change in the circumstances after the order is passed under the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 25(2) -- Phrase `a change in the circumstances' used in S.25 of the Act has not been defined under the Act - Magistrate has to adjudge the change in the circumstances based on the material put forth by the parties in a case and having regard to the circumstances of the said case - A change in the circumstances..........
Protection of Women From Domestic Violence Act, 2005, Section 25(2) -- Alteration of order passed under the Act - An order for alteration, modification or revocation operates prospectively and not retrospectively - Thus, any alteration, modification or revocation of an order passed u/s 12 of the Act owing to change in circumstances could only be for a period ex post facto,..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Any woman who prima facie shows that she has suffered domestic violence at the hands of her spouse/partner, is entitled for interim relief...........
