Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Grant of Rs.2.50 lakhs by trial Court - Appellate Court reduced it to Rs.50,000/- per month - Both trial Court and Appellate Court arrived at a figure of maintenance on the basis of affidavits filed by both the parties along with their respective documents - In such circumstances..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 26 -- Application u/s 12 of the Act - Can be considered only by Magistrate and cannot be considered by Family Court or Civil Court or any other Court - However, reliefs that can be granted u/ss 18 to 22 of PWDV Act can be granted by other Courts while dealing pending disputes...........
Protection of Women From Domestic Violence Act, 2005, Section 26 -- Reliefs u/ss 18 to 22 of PWDV Act can be granted by other civil Courts and it should be reported to jurisdictional Magistrate, which clearly clarifies that both jurisdiction conferred thereon on other Courts are not concurrent...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468, 472 -- Complaint u/s 12 of PWDV Act - Limitation - Wife subjected to domestic violence soon after her marriage and continued even till the year 2014 - Complaint filed in the year 2014, itself cannot be said to be barred by S.468 Cr.P.C, as it is a case of..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(a), 2(f), 2(s) -- Domestic violence - Wife subjected to violence soon after her marriage and lasted not only till date of her husband committed suicide but even thereafter - Initially wife and her husband staying in the same household which belongs to her i, laws and in 2013 they migrated to other State..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Allegations prima facie demonstrate that wife was prima facie subjected to verbal abuse, physical abuse and economic abuse at the hands of petitioners soon after marriage, till date of her husband committed suicide but even thereafter - Wife and her relatives were not even allowed to..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Allegation against married sisters of husband - Sisters of husband not played any crucial and exclusive role in subjecting wife to domestic violence - Merely because sisters of husband named in the complaint cannot comprehend any specific role or part played by them in subjecting wife..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, Criminal Procedure Code, 1973, Section 125, 399, 401 -- Order granting interim maintenance u/s 23 of PWDV Act and S.125 Cr.P.C. - Appeal u/s 29 of PWDV Act and revision u/ss 399, 401 Cr.P.C respectively is maintainable against said order and will be heard without any pre-condition of deposit of arrears..........
Protection of Women From Domestic Violence Act, 2005, Section 21 -- Custody of child/children - Order for temporary custody of children cannot be passed at the stage of judgment and order...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 21 -- Custody of child/children - Magistrate not empowered to grant permanent relief in respect of custody of children at the time of deciding application u/s 12 of the Act, as temporary custody cannot be interpreted to mean permanent custody...........
