Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of proceedings - Complaint against brother of husband and his wife - Complaint was filed in 2012 whereas complainant and her husband had left the husband's parental home in 2005 and lived separately - Domestic incident report filed by..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Wife underwent both physical and mental agony on account of treatment meted out to her by her husband, which amounts to domestic violence - Husband admitted that he left her company when she was pregnant - Therefore, court below has rightly allowed the application & having regard to the..........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - A widow or a daughter-i, law, estranged from her husband living with mother-i, law, in premises owned by the latter, falls within a "domestic relationship' - `Daughter-i, law' in these circumstances is entitled to protection from dispossession, though her husband never had any..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20 -- Disowning sons - Through public notices and advertisement - Not to be taken lightly - Even if a son is disowned by either parent, the death of that parent would, if intestate, still lead to devolution of property upon that son - A mere proclamation does not have a dispositive legal effect, breaking all..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application to Magistrate - Domestic enquiry report - It is not necessary for Magistrate to wait for domestic enquiry report before issuing notice to respondents...........
Protection of Women From Domestic Violence Act, 2005, Section 14 -- Counseling - Not compulsory - Only when Magistrate comes to conclusion that matter can be settled by conciliation, he may ask for counseling of the parties...........
Protection of Women From Domestic Violence Act, 2005, Section 21, 23 -- Right of visit to meet the child granted - Travelling expenses were ordered to be given by husband - Husband having no objection to the payment of travelling expenses for another person who will accompany wife to meet her child - Husband also ready to pay hotel charges for stay of two persons - Husband..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Divorced wife can maintain an application u/s 12 of the Act - A subsisting relationship between parties is not sine qua non for filing application u/s 12 of the Act...........
Criminal Procedure Code, 1973, Section 319, 482, Indian Penal Code, 1860, Section 498A, 504, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Applicants-accused persons were brother-i, law and sisters-i, law having no connection in domestic affairs of husband and respondent-wife - They were not members of same household - Allegations leveled against..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Held, Act is penal in nature - Penal enactment will not operate retrospectively - Act committed by applicant on 01.07.2005 cannot be brought into ambit of the Act which came into force on 26.10.2006 - Proceedings u/ss 18, 19, 20..........
