Protection of Women From Domestic Violence Act, 2005, Section 18, 19(b), 12 -- Protection order and residence order - Absence of Domestic Incident Report either from the Protection Officer or from the service Provider - Held, it is not obligatory for the Magistrate to call for the Domestic Incident Report from the Protection Officer or from the Service Provider - However,..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Bald allegation against appellants by complainant - Neither FIR nor charge-sheet furnished legal basis for Magistrate to take cognizance of offence alleged against appellants - Held, in criminal case arising..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 13 -- Claim of residence by mother in her son's residence - Mother 63 years old and widow - Order of trial Court directing son to allot a portion in his house to enable mother to reside there and to take care of all of her necessities - Order upheld...........
Indian Penal Code, 1860, Section 498A, Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Cognizance of offence - Refusal to - Validity - Only some vague and general allegations have been made against respondents/A2 to A6 in domestic violence case - On same allegations, petitioner filed a case u/s.498-A IPC..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Indian Penal Code, 1860, Section 498A -- Domestic violence case - Pendency of a case u/s.498-A IPC - Held, no bar for initiation of proceedings under PWDV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance - Notice sent by registered post to husband received back - Husband proceeded ex parte - Award of Rs.5,000/- as maintenance to wife from the date of order - Both wife and husband filing appeal - Appellate Court enhanced maintenance to Rs.10,000/- p.m. whereas appeal of husband dismissed as time..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 29 -- Right to residence - In self acquired property of father-i, law or in the alternative to pay rent at the rate of Rs.5,000/- p.m. - Husband offering wife to reside in house under his exclusive control - Order for residence in house of father-i, law without considering fact that said house is his..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 26 -- Interim order - Power to grant interim orders should be conceded to all courts having power to pass final orders as the very purpose of passing the interim order is to prevent a situation of the final order becoming meaningless...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 26 -- S.26 of the Act gives option to the aggrieved person to approach either the Magistrate u/s 12 of the Act or the Family Court if the person needs the reliefs contemplated u/ss 18, 19, 20, 21 and 22 of the D.V. Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 23, 28 -..........
