Search Results for Tag : Domestic Violence Act

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Kerala HC: Magistrate Can Decide Validity of Talaq in Wife's Petition Under DV Act(02.05.2022)

Kerala High Court has held that a Magistrate is empowered to decide the plea of talaq raised by the husband in his wife's petition filed under the Dom.....

Tags : Kerala High Court, talaq, Domestic Violence Act, 2005, marital status

Gujarat HC: Property Cannot be Straightway Given to Complainant Under Domestic Violence Act(07.11.2016)

Gujarat High Court has held that a property owned by a Hindu Undivided Family (HUF) and any suit property cannot be straightaway given to an aggrieved.....

Tags : Gujarat High Court, Hindu Undivided Family, Domestic Violence Act

SC Raps Tripura High Court over Dismissing Woman's Plea to Clailm ‘Streedhan’(23.11.2015)

SC has rapped Tripura HC for dismissing plea of woman for 'streedhan' on ground that she lost right over it after judicial separation. The court said .....

Tags : SC, Protection of Women from Domestic Violence Act, streedhan, Tripura HC

Kerala HC: Divorced Women Entitled to Initiate Action under DV Act, 2005(23.11.2016)

Kerala High Court has held that a divorced woman is entitled to initiate proceedings against her ex-husband or former in-laws under Protection of Wome.....

Tags : Kerala High Court, divorced woman, Domestic Violence Act

Magistrate can Pass Residence Order in DV Act with Regard to Property Situated Outside State: J&K HC(04.02.2019)

Jammu and Kashmir High Court has held that a Magistrate can pass 'Residence order' under Domestic Violence Act even with regard to property situated o.....

Tags : Jammu and Kashmir High Court, Domestic Violence Act

Gujarat HC: High Court Can Quash Domestic Violence Act Complaints like FIRs(30.11.2015)

Gujarat HC has held that HC can quash complaint filed by women against their in-laws under Protection of Women From Domestic Violence Act, 2005 under .....

Tags : Gujarat HC, Protection of Women From Domestic Violence Act, 2005

Meghalaya HC: Petition u/s 482 CrPC Challenging Domestic Violence Act Proceedings Maintainable(10.03.2021)

Meghalaya High Court has held that petition under Section 482 of the Code of Criminal Procedure, 1973 before it challenging Domestic Violence Act, 200.....

Tags : Meghalaya High Court, Domestic Violence Act Proceedings

Madras HC: Women Residing in India Temporarily, OCI Cardholders Entitled to Relief Under DV Act(02.02.2023)

Madras High Court has held that persons who were living temporarily in India and foreign citizens who are Overseas Citizenship of India (OCI) cardhold.....

Tags : Madras High Court, Domestic Violence Act, OCI Cardholders

Karnataka High Court: Husband Can Initiate Proceedings Under DV Act Against Wife(26.04.2017)

Karnataka High Court has held that any person, whether male or female, aggrieved and alleging violation of provisions of Domestic Violence Act, can in.....

Tags : Karnataka High Court, Domestic Violence Act

Post-Divorce, No Relief Under Domestic Violence Act: Bombay HC(23.04.2019)

Bombay High Court has ruled that a woman cannot seek relief under the Domestic Violence Act against her divorced husband, as after divorce there is no.....

Tags : Supreme Court, Post-Divorce, Domestic Violence Act

Bombay HC: Once Divorce Is Granted, Relief Can't Be Sought Under DV Act(25.04.2019)

Bombay High Court has held that once a decree of divorce has been granted, relief cannot be sought by under the Domestic Violence Act.

Tags : Bombay HC, Domestic Violence Act

Kerala HC: Recovery Proceeding Under Domestic Violence Act Only Ancillary Proceeding(22.04.2021)

Kerala High Court has held that recovery proceedings instituted under Section 20 of the Domestic Violence Act, 2005 would not operate as a bar on a Fa.....

Tags : Kerala High Court, Recovery Proceeding Under Domestic Violence Act

Karnataka HC: Neglecting To Maintain Wife & Living With Another Woman Amounts to 'Domestic Violence'(11.08.2017)

Karnataka High Court has held that omission of husband in neglecting to maintain the wife and living with another woman amounts ‘economic’ and ‘emotio.....

Tags : Karnataka High Court, Domestic Violence Act

Delhi HC: Maintenance Under DV Act Cannot Be Denied Solely Because Grievance Arose in Second Marriage(21.08.2017)

Delhi High Court has set aside a lower Court order, which had denied maintenance to the wife under Protection of Women from Domestic Violence Act, 200.....

Tags : Delhi High Court, Protection of Women from Domestic Violence Act

Supreme Court: ‘Domestic Relationship’ Necessary to Permit a Party to Occupy ‘Shared Household’(18.07.2017)

Supreme Court has observed that to issue an order under Domestic Violence Act permitting a party to occupy a household, it is necessary that the two p.....

Tags : Supreme Court, Domestic Violence Act

JKL HC: S.482 CrPC Cannot be Invoked to Challenge Proceedings Initiated U/S 12 J&K DV Act(25.07.2023)

Jammu & Kashmir & Ladakh HC has held that Section 482 of Code of Criminal Procedure (CrPC) cannot be used to challenge the proceedings initiated under.....

Tags : Jammu & Kashmir & Ladakh HC, Code of Criminal Procedure, Jammu and Kashmir Protection of Women From Domestic Violence Act, 2010

Kar. HC: Under DV Act, Question of Awarding Maintenance Till Marriage of Daughters Doesn’t Arise(05.09.2023)

Karnataka High Court has held that under the provisions of Domestic Violence Act, question of awarding maintenance till marriage of the daughters does.....

Tags : Karnataka High Court, Domestic Violence Act, Maintenance, Daughters

Bombay HC: Woman Can Invoke Domestic Violence Act against Female In-Laws(25.07.2016)

Bombay HC has ruled that a woman can invoke criminal provisions of Domestic Violence Act against female relatives of her husband.

Tags : Bombay HC , Domestic Violence Act

Bombay HC: Aggrieved Person Under DV Act Must be Alive at Time of Filing Petition(10.01.2022)

Bombay High Court has ruled that an aggrieved person, as defined under the Protection of Women from Domestic Violence Act (DV Act), 2005 must be alive.....

Tags : Bombay High Court, Domestic Violence Act

Del HC: Interim Maintenance Can’t be Denied Based on Unproven Allegations of Illicit Relationship(10.01.2024)

Delhi High Court held that a wife cannot be denied the benefit of interim maintenance under the Domestic Violence Act, 2005 merely on the basis of all.....

Tags : Delhi High Court, Interim Maintenance, Illicit Relationship, Domestic Violence Act

Del. HC: Findings of Cruelty Against Wife Cannot be a Base To Deny Maintenance To her Under DV Act(22.01.2024)

Delhi High Court while deciding the revision petition filed by the wife has held that findings of cruelty against a wife in the divorce proceedings by.....

Tags : Delhi High Court, Domestic Violence Act, 2005, Maintenance, Divorce Proceedings

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

SC: Any Person Can Now be Tried under Domestic Violence Act(10.10.2016)

Supreme Court has widened scope of Domestic Violence Act by ordering deletion of words “adult male” from it, paving the way for prosecution of women a.....

Tags : SC, Domestic Violence Act

Delhi HC: Restraint Order Against Husband Under DV Act from Making Arrangement for Child Visitation(21.04.2022)

Delhi High Court has ruled that the domain and extent of Protection of Women from Domestic Violence Act, 2005 and Family Courts Act, 1984, being two c.....

Tags : Delhi High Court, Protection of Women from Domestic Violence Act, 2005, Family Courts Act, 1984