Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Domestic violence - Jurisdiction of Court - Petition under the Act can be filed by aggrieved person where she permanently or temporarily resides - At the time of filing of petition, wife was temporarily posted in Delhi and her permanent residence is her parental home in Delhi - Wife was thus, residing..........
Civil Procedure Code, 1908, Order 6, Rule 17, Family Courts Act, 1984, Section 7, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Amendment of petition filed u/s 7 of Family Courts Act - To incorporate reliefs u/ss 18 to 22 of PWDV Act - S.26 of PWDV Act empowers Civil Court, family Court or a Criminal Court to grant reliefs u/ss 18 to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 479, Indian Penal Code, 1860, Section 354, 354A, Prevention of Women from Domestic Violence Act, 2005, Section 8 -- Bail - Undertrial prisoner - Victim has not been examined yet - Mother of victim is not willing to appear before trial Court, as she does not wish to pursue FIR - Applicant has already undergone one third..........
Protection of Women From Domestic Violence Act, 2005, Section 2(q) -- Respondent - Applicant nos. 2 to 6 are relatives of husband and they have been residing separately - Therefore, as per S.2(q) of the Act, they cannot be termed as respondents as they have not been residing in a shared household with wife - Proceedings quashed qua applicant nos.2 to 6...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Applicant no.1 who is the mother-in-law of wife has been residing in shared household, will fall within the definition of respondent as per S.2(q) of the Act - There is allegation that mother-in-law has harassed for demand of dowry and she also extended threat to evict her from shared..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Condition precedent to perform an act by wife - Court cannot pass such an order...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Interim relief can be granted merely upon satisfaction that application by wife prima facie discloses commission of domestic violence - Veracity of case of wife would be tested during course of trial...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife cannot be compelled to enter into a contractual arrangement whereby she is placed under an obligation to rent her property to husband, and thereby have her own independent source of income through rent - Impugned order set aside - Matter remanded back to appellate Court for..........
Protection of Women From Domestic Violence Act, 2005, Section 2(f) -- Domestic relationship - Live-in-relationship - All live-in-relationships are not relationships in the nature of marriage - Live-in-relationship has no inherent or essential characteristic of a marriage - Petitioner's status is lower than the status of a wife and that relationship would not fall within..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - If a Hindu/Christian/Parsi/Jew husband contracts second marriage during the subsistence of the first marriage, it would constitute cruelty besides being an offence of bigamy - It would obviously be considered an act of domestic violence entitling the wife to claim compensation u/s 12 of..........
