Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Proceedings u/s 12 of the Act - Jurisdiction of Court - Complaint can be filed by aggrieved person residing temporarily or otherwise at the place of residence or where violence has taken place - Wife thus, has option of lodging complaint either at Jalandhar or Bhojpur (Ara) where she is staying with..........
Criminal Procedure Code, 1973, Section 468, Protection of Women From Domestic Violence Act, 2005, Section 12, 27 -- Limitation - Complaint u/s 12 of the Act - When only notice was issued on complaint preferred u/s 12 of PWDV Act seeking their response and no cognizance order was passed, limitation u/s 468 Cr.P.C cannot come into picture and will not be applicable...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20, 2(f) -- Domestic violence - Proceedings u/s 12 of the Act read with Ss.19 & 20 of the Act - Proceedings against woman having illicit relationship with husband is not maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Unless there is a domestic relationship between parties, mere residence in the same household will not come within the purview of definition of shared household as per S.2(s) of the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 2(a) -- `Aggrieved person' - Includes Transgender who performed surgery to change gender to a female...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Claimed by transgender who performed surgery to change gender to a female - Petitioner has Sweet Shops and Snack Center and he is getting income of Rs.25,000 to 30,000 per day and also have immovable properties - Interim maintenance of Rs.12,000 p.m. rightly granted...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance to wife - Order directing wife to file a list of properties belonging to husband - Revision thereagainst not maintainable, as said order is interlocutory order and cannot be challenged by filing revision petition...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28 -- Order of maintenance - Enforcement - To enforce a order of maintenance, Magistrate is mandated to follow the procedure laid down u/s 125 Cr.P.C as per S.28 of PWDV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance to wife - Order directing wife to file a list of properties belonging to husband - Revision thereagainst not maintainable, as said order is interlocutory order and cannot be challenged by filing revision petition...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 28 -- Order of maintenance - Enforcement - To enforce a order of maintenance, Magistrate is mandated to follow the procedure laid down u/s 125 Cr.P.C as per S.28 of PWDV Act...........
