Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act - Minor daughters - Petition against mother - Petition filed by grand father with whom minor daughters are living - Held, petition is maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claim by minor daughters from their mother, who deserted them - Both the daughters were subjected to atrocities and violent behavior by their mother - Interim maintenance @ Rs.3000 each held, rightly granted to daughters, who were deserted by their mother and living with their..........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Alternative accommodation - Wife claiming right of residence in the house which exclusively belongs to mother-i, law - Said house is not a shared household - Alternative accommodation provided to wife by husband - However, such accommodation is unsuitable for residence - But it was thereafter renovated -..........
Protection of Women From Domestic Violence Act, 2005, Section 28(2), 12 -- Procedure - Proceedings u/s 12 of the Act - Tendering of evidence by wife in the form of affidavit - Neither illegal nor improper, as S.28(2) of the Act, conferred discretion on Court to lay down its own procedure - Moreover, evidence in the form of affidavit also not prejudiced husband and its..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Marriage by wife during subsistence of her previous marriage - Relations of parties cannot be termed as husband and wife or in nature of marriage - Complainant not entitled to maintenance from petitioner husband...........
Protection of Women From Domestic Violence Act, 2005, Section 26, Criminal Procedure Code, 1973, Section 362 -- Ad-interim maintenance - Correction of judgment - Magistrate granted Rs.10,000 (in total) as ad-interim maintenance to applicants, while recording a finding that applicants not earning any income, sufficient to maintain themselves - Sum assessed by Magistrate (in..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Directions issued for expeditious hearing and disposal of application for maintenance pendente lite : (i) Format of affidavit and documents required to be filed alongwith the affidavit elaborated; (ii) Affidavit of assets, income and expenditure be treated as guidelines to determine the true income of the..........
Protection of Women From Domestic Violence Act, 2005, Section 2(q) -- Relative of husband - Word relative would include a woman also - Complaint against sister-i, law (jethani) of wife is maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Complaint u/s 12 of the Act is maintainable, even if acts of domestic violence were committed prior to coming into force of the Act, notwithstanding the fact that in past she lived together with her husband in a shared household, but was no more living with him, at the time when Act..........
Protection of Women From Domestic Violence Act, 2005, Section 20(d) -- Maintenance - Claimed by widow daughter-i, law from her father-i, law - Mohammedan law - Both parties are mohammedan - Father-i, law is under no obligation to provide maintenance allowance to widow of his son under mohammedan law - Application claiming maintenance rightly rejected...........
