Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance to wife and two daughters - Elder daughter attained majority and her marriage was solemnized on the behest of husband - Husband cannot be fastened with such an obligation - However, maintenance @ Rs.5,000 each to wife and other daughter is proper...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Return of gold ornaments and money - Wife did not bring in any trustworthy evidence or claims for return of gold ornaments and money - Therefore, rejection of that claim cannot be found fault with - However, in case of claim for compensation, Courts below did not make a meticulous scrutiny of evidence to..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Proceedings u/s 12 of the Act of 2005 - Quashing of proceedings - Application u/s 482 Cr.P.C challenging the proceedings u/s 12 of PWDV Act is not maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Residence order - Right created in favour of a wife u/s 19 of the Act is not an absolute embargo for initiating or continuing a civil proceedings relating to building in question...........
Protection of Women From Domestic Violence Act, 2005, Section 25(2) -- Alteration/modification/revocation of order - When S.25(2) of the Act enables any party to approach Magistrate for alteration/modification/revocation of the order, subsequent events which are not in the evidence are not liable to be considered in revision petition...........
Protection of Women From Domestic Violence Act, 2005, Section .12 -- Domestic violence - Once petitioner and respondent lived together in past in a shared household as husband and wife, there is domestic relationship between two - Wife in her petition u/s 12 of the Act has alleged acts of cruelty and domestic violence against husband - Application u/s 12 of the Act at the..........
Protection of Women From Domestic Violence Act, 2005, Section 20(1)(d), Hindu Adoptions and Maintenance Act, 1956, Section 20(3) -- Maintenance to male child who attained majority - Male child who has attained majority is not entitled to claim maintenance from his father...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Date from which payable - Once it is found that wife and child are unable to maintain themselves and husband is capable of maintaining himself and having sufficient means, refused or neglected to pay maintenance, ordering payment of maintenance from the date of petition sounds..........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Alternative accommodation - Can be ordered to be provided only in a case where shared household is not available...........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Alternative accommodation - If an order of residence would result in total negation and annihilation of rights of respondents and an alternative arrangement would reasonably protect right of residence and interest of both the parties, Court shall lean in favour of such an alternative arrangement...........
