Protection of Women From Domestic Violence Act, 2005, Section 18, 31 -- Protection order - Breach of - Non-payment of maintenance allowance is a breach of protection order - Proceedings u/s 31 of the Act, therefore can be invoked...........
Protection of Women From Domestic Violence Act, 2005, Section 18, 31 -- Domestic violence - Prohibitory order - If there is any instance of domestic violence, for which an affirmative or prohibitory order is passed u/s 18 of the Act, provision of S.31 of the Act can be invoked...........
Protection of Women From Domestic Violence Act, 2005, Section 18, 31 -- Protection order - S.18 of the Act, empowers Magistrate to pass a protection order in affirmative in favour of an aggrieved person when he is satisfied that domestic violence has taken place or is likely to take place...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Proceedings under D.V. Act - Provision of S.468 Cr.P.C relating to limitation is applicable to cases instituted under D.V. Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28, 32, Criminal Procedure Code, 1973, Section 468 -- Complaint under D.V. Act - Limitation - Can be filed only within a period of 1 year from date of incident in view of Ss.28, 32 of D.V. Act, as maximum punishment provided under D.V. Act is for a term which may extend to 1 year and Court is debarred from..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Complaint under the Act - Not maintainable at the instance of ex wife after divorce...........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of complaint - Complaint under DV Act - Can be quashed in petition filed u/s 482 Cr.P.C., if it is found that complaint is an abuse of process of Court or has been filed only with a view to harass others...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Live-i, relationship - Presumption of wedlock - In case of live-i, relation, there is presumption in favour of wedlock and that law leans in favour of legitimacy and frowns upon bastardy...........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship of husband and wife - Petitioner-wife was in relationship with respondent-husband and for this purpose, she relies upon a marriage certificate issued by Gurdwara - Even though marriage certificate is under challenge in a pending civil suit, but till the same is set aside, Court..........
Protection of Women From Domestic Violence Act, 2005, Section 2(f), 2(s), Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Shared household - Impleadment of a party - Suit filed by second wife against husband under D.V. Act - Court granted her right of residence in shared household - First wife seeks impleadment on the ground of ownership of 1/4th share of property -..........
