Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence under PWDV Act is exclusive to and isolated from any right that may arise u/s 9 of Hindu Marriage Act - Argument of father-in-law of wife that she did not wish to live with her husband and refused to join him, she could not have claimed a right to residence in her matrimonial..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence - Allegation of wife that her husband had been living in adultery with another woman and produced several documents in support of same, is sufficient to substantiate grant of interim relief of right to residence in favour of wife...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence - Wife lived in house in question for over 20 years of her married life - She had an emotional attachment to the house which is co-owned by husband - Wife entitled to right of residence in said house...........
Indian Penal Code, 1860, Section 459 -- Offence u/s 459 IPC - Accused illegally and forcibly entered the house of complainant armed with lathis, sariyas and swords during night hours at about 10.15 p.m and inflicted grievous injuries upon son and husband of complainant while remaining in her house premises - Act of accused constitutes house breaking and grievous hurt is..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence under PWDV Act is exclusive to and isolated from any right that may arise u/s 9 of Hindu Marriage Act - Argument of father-in-law of wife that she did not wish to live with her husband and refused to join him, she could not have claimed a right to residence in her matrimonial..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence - Allegation of wife that her husband had been living in adultery with another woman and produced several documents in support of same, is sufficient to substantiate grant of interim relief of right to residence in favour of wife...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 19 -- Right of residence - Wife lived in house in question for over 20 years of her married life - She had an emotional attachment to the house which is co-owned by husband - Wife entitled to right of residence in said house...........
Civil Procedure Code, 1908, Order 26, Rule 1 -- Local Commissioner to record cross-examination - Respondent is suffering from Lungs Cancer and is unable to appear in Court for her cross-examination - Mere fact that husband of respondent is an advocate, apprehension of petitioner that Local Commissioner may be influenced is wholly misconceived and ill-founded, particularly..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife has repeatedly filed criminal cases against husband - Said conduct of wife would clearly amount to cruelty - More so, petition for restitution of conjugal rights filed by wife was dismissed earlier on the ground that she herself had deserted company of her..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Assassination of character of husband of having illicit relations with another lady, not proved - Amounts to cruelty - Divorce rightly granted to husband...........