Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - "Lives or at any stage has lived in a domestic relationship" - Living of woman in a household has to refer to a living which has some permanency - Mere fleeting or casual living at different places shall not make a shared household - Intention of parties and nature of living, including..........
Protection of Women From Domestic Violence Act, 2005, Section 2(q), 12 -- Respondent - Suit for mandatory and permanent injunction - For the purposes of determination of right of defendant/daughter-in-law u/ss 17, 19 r/w S.26 of PWDV Act in suit in question, plaintiff/father-in-law can be treated as `respondent' - But for grant of any relief to defendant or for successful..........
Protection of Women From Domestic Violence Act, 2005, Section 17(2) -- Expression `save in accordance with procedure established by law' contemplates the proceedings in Court of competent jurisdiction - Provision itself contemplates adopting of any procedure established by law by respondent for eviction or exclusion of aggrieved person from shared household...........
Protection of Women From Domestic Violence Act, 2005, Section 17(2) -- Shared household - Embargo u/s 17(2) of the Act of not to be evicted or excluded save in accordance with procedure established by law operates only against `respondent' i.e one who is respondent within meaning of S.2(q) of the Act...........
Civil Procedure Code, 1908, Order 1, Rule 10, Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Impleadment of husband/son - Suit for mandatory and permanent injunction filed by father-in-law against daughter-in-law - Plaintiff/father-in-law has not claimed any relief against son, thus he is not necessary party - But in view of fact that..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17, 19 -- Shared household - Shared household may include premises belonging to any relative of husband with whom wife lives in domestic relationship - Mere casual living at different places shall not make a shared household - There should be permanency in living - Intention of parties and nature of living..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s), 17, 19 -- Shared household - Right to residence - Wife is also entitled to claim a right to residence in a shared household belonging to relatives of the husband even if house not owned by spouse...........
Protection of Women From Domestic Violence Act, 2005, Section 2(q) -- Definition of Respondent - `Adult Male Person' - Plaintiff/father-in-law in the suit of injunction can be said to be the Respondent u/s.2(q) of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Allegations made against mother-in-law and father-in-law by widow daughter-in-law - Trial Court vide an elaborate order has fixed date for adducing evidence by applicants for making judicial decision about facts stated and to be decided in between parties - Court can never give..........
Protection of Women From Domestic Violence Act, 2005, Section 17(1) -- Daughter-in-law - Right of residence - Self acquired property of mother-in-law - Daughter-in-law has no right of residence in self acquired property of mother-in-law - Daughter-in-law restrained from entering the house - Order upheld...........
