Protection of Women From Domestic Violence Act, 2005, Section 28(2), 12 -- Procedure - Proceedings u/s 12 of the Act - Tendering of evidence by wife in the form of affidavit - Neither illegal nor improper, as S.28(2) of the Act, conferred discretion on Court to lay down its own procedure - Moreover, evidence in the form of affidavit also not prejudiced husband and its..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Marriage by wife during subsistence of her previous marriage - Relations of parties cannot be termed as husband and wife or in nature of marriage - Complainant not entitled to maintenance from petitioner husband...........
Protection of Women From Domestic Violence Act, 2005, Section 26, Criminal Procedure Code, 1973, Section 362 -- Ad-interim maintenance - Correction of judgment - Magistrate granted Rs.10,000 (in total) as ad-interim maintenance to applicants, while recording a finding that applicants not earning any income, sufficient to maintain themselves - Sum assessed by Magistrate (in..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Directions issued for expeditious hearing and disposal of application for maintenance pendente lite : (i) Format of affidavit and documents required to be filed alongwith the affidavit elaborated; (ii) Affidavit of assets, income and expenditure be treated as guidelines to determine the true income of the..........
Protection of Women From Domestic Violence Act, 2005, Section 2(q) -- Relative of husband - Word relative would include a woman also - Complaint against sister-i, law (jethani) of wife is maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Complaint u/s 12 of the Act is maintainable, even if acts of domestic violence were committed prior to coming into force of the Act, notwithstanding the fact that in past she lived together with her husband in a shared household, but was no more living with him, at the time when Act..........
Protection of Women From Domestic Violence Act, 2005, Section 20(d) -- Maintenance - Claimed by widow daughter-i, law from her father-i, law - Mohammedan law - Both parties are mohammedan - Father-i, law is under no obligation to provide maintenance allowance to widow of his son under mohammedan law - Application claiming maintenance rightly rejected...........
Protection of Women From Domestic Violence Act, 2005 -- Object - To provide more effective protection of rights of women guaranteed under Constitution who are victims of violence of any kind occurring within family and for matters connected therewith or incidental thereto...........
Protection of Women From Domestic Violence Act, 2005 -- Object of awarding maintenance/interim maintenance - To provide speedy remedy to aggrieved person who are unable to support themselves and are in distress...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20 -- Maintenance to children - Cannot be denied on the premise that their mother is employed or has enough means to maintain them or that they are in custody of their mother...........
