Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Marriage during subsistence of first marriage - First marriage not dissolved by any competent court as on date - Held, such a relationship cannot be granted any protection...........
Protection of Women From Domestic Violence Act, 2005, Section 2(q) -- "Respondent" - Female can be made respondent in the proceeding initiated under the Act, as legislature never intended to exclude female relatives of husband or male partner from ambit of a complaint that can be made under the provisions of the Act against them...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint u/s 12 of the Act - Quashing of complaint - Complaint cannot be filed in continuation of earlier complaint as contended by applicants - Relationship of parties is not disputed - Aggrieved party is living separately for the reasons mentioned in the application - All essential ingredients to..........
Protection of Women From Domestic Violence Act, 2005, Section 17(1), 2(a) -- Right of residence in shared household - Aggrieved person - Divorced wife not entitled to claim right of residence in shared household, as she is not aggrieved person for purposes of Act...........
Protection of Women From Domestic Violence Act, 2005, Section 17(1) -- Right of residence in shared household - House in which wife claiming her share not in the name of her husband - Said house is in exclusive ownership and possession of children of husband born from his first wife - Thus, second wife cannot claim right to shared residence...........
Protection of Women From Domestic Violence Act, 2005 -- Object - Act provides for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto...........
Protection of Women From Domestic Violence Act, 2005, Section 29 -- Order passed by Sessions Court u/s 29 of 2005 Act - Order is revisable u/ss 397, 401 Cr.P.C...........
Protection of Women From Domestic Violence Act, 2005, Section 21 -- Visitation right - Even in the absence of application for custody being there, application by aggrieved party for visitation rights is maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Divorced wife is entitled to initiate proceedings u/ss 18 to 22 of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 20 -- Divorced wife - Relief sought by divorced wife u/s 20 of the Act is maintainable...........
