Search Results for Tag : DV Act

News

BHC: Wife Entitled to Relief under DV Act Even After Divorce if She Continues to Cohabit with Spouse(07.11.2019)

Bombay High Court (BHC) has ruled that ten years after the decree of divorce has been passed wife is entitled to reliefs under the Protection of Women.....

Tags : BHC, DV Act

Bombay HC: Woman Who Leaves Matrimonial House Before Divorce Can't Claim Right to Reside in House(03.10.2022)

Bombay High Court has held that a woman, who leaves her matrimonial house before her divorce, cannot later seek right to residence under the Protectio.....

Tags : Bombay High Court, Matrimonial House, DV Act

JKL HC: Order u/s 12 DV Act can’t be Challenged u/s 482 CrPC Unless Remedy of Appeal is Availed(09.11.2023)

Jammu and Kashmir and Ladakh High Court has held that unless the remedy of statutory appeal is availed, orders passed under Section 12 of Protection o.....

Tags : Jammu and Kashmir and Ladakh High Court, DV Act, CrPC

Ori HC: Domestic Incident Report not a Pre-Requisite to Grant Interim Maintenance to Aggrieved Woman(17.01.2024)

Orissa High Court has held that it is not mandatory to have Domestic Incident Report' (DIR) from the 'Protection Officer' in order to grant relief of .....

Tags : Orissa High Court, DV Act, Maintenance

Karnataka HC: Provision of Appeal Under DV Act Does Not Take Away Right to Approach HC(22.12.2021)

Karnataka High Court has held that the provision of Appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 does not take .....

Tags : Karnataka High Court, Provision of Appeal Under DV Act

Karnataka HC: Application Under Section 12 DV Act Not Barred by Section 468 CrPC(19.05.2021)

Karnataka High Court has held that an application made under Section 12 of the Domestic Violence Act, 2005 is not barred by period of limitation under.....

Tags : Karnataka High Court, Application Under Section 12 DV Act

Judgments

In absence of domestic relationship between parties as on date of filing of complaint, proceedings under DV Act were not maintainable(18.04.2019)

The present revision is against the judgment by which the application of the applicant came to be rejected. The said judgment was challenged before th.....

Tags : DV Act, Application, Maintainability

Ker.HC:While Ordering Maintenance, Magistrate Must Specify Whether it is Provided under CrPC or HAMA(17.06.2024)

Kerala High Court held that the Magistrate whilst ordering maintenance to the daughter under Section 20(1)(d) of the Domestic Violence Act should spec.....

Tags : Kerala High Court, DV Act, Domestic Violence Act, Hindu Adoptions and Maintenance Act, 1956 , HAMA, Cr.PC

Kar. HC: To Set Aside Proceedings u/s 12 of Domestic Violence Act, Parties Must Approach High Court(02.07.2024)

Kar. HC has observed that setting aside entire proceeding initiated under Section 12 of the DV Act, 2005 is not the power that is vested in the Court .....

Tags : Karnataka High Court, S. 482 of CrPC, S. 12 of DV Act

Karnataka HC: DV Act not Valid if Family Member Leave Shared Household to Establish Own Household(17.12.2019)

Karnataka High Court has ruled that where a family member leaves the shared household to establish her own household she cannot claim to have a right .....

Tags : Karnataka HC, DV Act