Protection of Women From Domestic Violence Act, 2005, Section 12, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(2), 7, 4 -- Domestic violence - Wife herself filed an application u/s 3(2) of 1986 Act for mahr treating herself to be a divorced woman then order passed by Magistrate u/s 12 of PWDV Act granting a room in matrimonial house and food from..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Courts below without considering entire evidence on record granted Rs.10,000 p.m maintenance and Rs.4 lakhs as compensation and also provided one room to wife in matrimonial home - Even domestic incident report was not considered by Magistrate before passing order - Both impugned orders..........
Protection of Women From Domestic Violence Act, 2005, Section 2(a) -- Aggrieved person - Wife living in adultery - Caused mental agony and family disorder to for husband and children - Cannot be termed as aggrieved person - Benefit of Act not available to her...........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Disputed property is self acquired property of brother of complainant's husband - Husband has no share in the said property - It cannot be treated as shared household and thus wife has no right in it...........
Protection of Women From Domestic Violence Act, 2005, Section 3 -- Domestic relationship - Wife failed to prove domestic relationship with family members of late husband - Respondents are residing at different places - No relief against family members of husband can be claimed by wife under the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Compensation - Wife claiming compensation of Rs.20 lakhs for loss of life of her husband and also claiming medical expenses from family members of husband as they suppressed the material fact of mental disorder of husband - No material to show that husband was not sound prior to..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Title dispute - Court in a domestic violence petition cannot go into title dispute as the relief in respect of property as claimed by complainant is not available under the Act and remedy of complainant is only in Civil Court - When petition itself is not maintainable, implicating all..........
Family Courts Act, 1984, Section 7, 8, 20, Protection of Women From Domestic Violence Act, 2005, Section 21 -- Jurisdiction - Scope - S.8 of F.C. Act confers exclusive jurisdiction upon Family Court in relation to suits and proceedings of the nature mentioned in explanation to S.7 of F.C.Act - Although, S.21 of PWDV Act also contains the non obstante clause, but the same..........
Family Courts Act, 1984, Section 7, 8, 20, Protection of Women From Domestic Violence Act, 2005, Section 21 -- Jurisdiction - Visitation rights to meet the minor child - Exclusive jurisdiction has been conferred upon Family court with reference to S.7 of F.C.Act in relation to guardianship of a person or custody of or access to any minor - Family Court established at..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20 -- Domestic violence - Both husband and wife lived in house of father-i, law till wife was driven out from house - Wife subjected to mental and physical torture by her husband and her i, laws - Husband proceeded ex parte and whereabouts of husband not known - Held, under PWDV Act, it is permissible to..........
