Protection of Women From Domestic Violence Act, 2005, Section 19(1)(b) -- Proviso - Except in the case of clause (b), orders could be passed as against the woman also...........
Protection of Women From Domestic Violence Act, 2005, Section 2(q), 13 -- Complaint provided in proviso to cl.(q) of S.2 is the application filed u/s 12 of the Act, though inadvertently an application is referred in the Section as complaint...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Except in respect of proceeding u/s 31(1) or u/s 33 or u/s 19(3), it is not for the High Court to exercise the extraordinary inherent jurisdiction to quash proceedings pending before the Magistrate under the provisions of Protection of..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(s), 2(f) -- Complaint against husband and brother-in-law of husband - Allegation against brother-in-law that he made aspersions on her for not bearing a child which is an emotional abuse - Complainant and brother-in-law never stayed together in same house - Held, making certain allegations against wife by..........
Protection of Women from Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Order as to - Plea of petitioner that he had not committed any act of domestic violence and that she is not justified in claiming that they had thrown her out of the matrimonial home - Petitioner an old man and respondent is a teacher by profession - Petitioner owns 1.54 hectors of..........
Protection of Women from Domestic Violence Act, 2005, Section 12, 1(3) -- Act is retrospective in operation - Acts of violence occurred prior to coming into force of the act come within the meaning of `domestic violence' and complaint cannot be quashed on the ground that acts of violence pertain to period when act was not in force...........
Protection of Women from Domestic Violence Act, 2005, Section 26, 36 -- Any relief available under the Act can be sought in any legal proceedings before the civil court, family court or criminal court, whether such proceeding was intended before or after commencement of this Act - Aggrieved person shall be bound to inform the Magistrate of the reliefs obtained by her in..........
Protection of Women from Domestic Violence Act, 2005, Section 12, 1(3) -- Domestic violence - Meaning - `Domestic Violence' is any act of physical, mental or sexual violence and any attempted such violence, as well as the forcible restriction of individual freedom and of privacy, carried out against individuals who have or had family or kinship ties or cohabit or dwell in..........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - House of agriculturist - Exemption from attachment - House jointly owned by J.D. and others - Does not disentitle him from getting exemption for his house if he proves that house belongs to him, is in his occupation and he is an agriculturist, labourer or domestic servant entitled for such exemption...........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption from attachment in execution of a decree is to be seen at the time of execution of decree that J.D. is an agriculturist, labourer or domestic servant - Attachment of property during trial is immaterial if that party is then qualified u/s 60(1)(c) CPC...........
