Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Enforcement of property rights - Act is applicable where there is urgent requirement of wife of maintenance or residence because of domestic violence and not for enforcing any property rights, as for enforcement of property rights, parties are supposed to approach civil Court...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19 -- Domestic violence - Vague allegations against respondents - Only allegation against respondents that they had connived with husband of complainant and were supporting him - Respondents are living in different districts and are not living in the shared household - Trial Court without looking into the..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of complaint - Complaint filed under the Act of 2005, can be quashed u/s 482 Cr.P.C. if no case is made out...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship arises in respect of an aggrieved person if the aggrieved person had lived together with respondent in a shared household - Living together can be either soon before filing of petition or `at any point of time'...........
Protection of Women From Domestic Violence Act, 2005, Section 3 -- Domestic Violence - Acts of abuses, emotional or economic, physical or sexual, verbal or non verbal if committed when one is living in same shared household constitute domestic violence - However, such acts of violence can be committed even otherwise also when one is living separate, these may be punishable..........
Protection of Women From Domestic Violence Act, 2005, Section 3 -- Domestic Violence - Complaint against grand father and other relatives by grand daughter - Complainant was neither living with her grand father nor grand father has to maintain grand daughter in presence of her father - Similarly there was no domestic relationship between complainant and other respondents..........
Protection of Women From Domestic Violence Act, 2005, Section 29 -- Appeal - When there is express remedy of appeal available u/s 29 of Act before Court of Session or revision u/s 397 Cr.P.C.. Court may decline entertainment of petition u/s 482 Cr.P.C...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of Act - Lies to Magistrate and not to Civil judge...........
Protection of Women from Domestic Violence Act, 2005 -- Scope - Provisions of the Act provides for remedial measures for civil rights of women but machinery provided is through criminal Court...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 23 -- Once proceedings u/ss 12, 18 to 23 of Act are or is initiated either jointly or independently by order passed by Magistrate or Metropolitan Magistrate, as the case may be, provisions of Cr.P.C. are applicable coupled with power of Court u/ss 28(2), 23(2) of the Act...........
