Tags : domestic violence, false claim, mental cruelty
News
Bharti Gets Bail on Furnishing a Personal Bond of Rs 1 Lakh(08.10.2015)
A Delhi trial court in domestic violence case against AAP MLA Somnath Bharti, has ordered Bharti to report once a week to office of DCP (southwest) ti.....
Tags : Bharti , domestic violence case
Domestic Violence Cases Against Visiting Relatives not Tenable: Bombay HC(08.10.2018)
Bombay High Court has held that domestic violence cases filed against relatives who do not live in the married couple’s household but regularly visit .....
Tags : Bombay High Court, Domestic Violence
Domestic Violence Act Not for Live-In Ties if Man is Already Married: Delhi High Court(10.10.2018)
Delhi High Court has said that the Protection of Women from Domestic Violence Act can’t be invoked in a live-in relationship if the man is already mar.....
Tags : Delhi High Court, Domestic Violence
Calcutta HC: Denial of Economic Support is DV Even if Parties Aren't Residing in Shared Household(24.06.2022)
Calcutta High Court has held that denial of economic support to the wife and the minor son constitutes domestic violence (DV) under Protection of Wome.....
Tags : Calcutta High Court, Domestic Violence, Shared Household
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
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
Karnataka High Court: Domestic Violence Complaint can be Tried by Court where Aggrieved Woman Resides(22.10.2019)
Karnataka High Court has ruled that a Magistrate where the aggrieved woman resides even temporarily has jurisdiction to entertain an application filed.....
Tags : Karnataka High Court, Domestic Violence
Calcutta HC: Petition U/s 482 CrPC To Quash Domestic Violence Proceedings Maintainable(01.10.2021)
Calcutta High Court has had the opportunity to expound in detail on the question whether an order passed by a Magistrate in a proceeding under Section.....
Tags : Calcutta High Court, Quashing of Domestic Violence Proceedings
Muslim Father-In-Law Under No Obligation To Maintain Son’s Widow: Calcutta HC(27.11.2017)
Calcutta High Court has exempted a father-in-law from maintaining his son’s widow, opining that he was under no obligation to maintain her under Prote.....
Tags : Supreme Court, Domestic Violence
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
SC: Domestic Violence Complaint not Valid if Parties are not Living Together in Shared Household(15.10.2019)
Supreme Court has upheld a dismissal of domestic violence complaint filed by a woman against persons not living with her in a shared household. The Co.....
Tags : SC, Domestic Violence
Supreme Court Allows Transfer Plea of 100% Visually Disabled Husband In DV Case(19.01.2018)
Supreme Court has allowed the transfer petition filed by a husband seeking transfer of a domestic violence case filed against him by his wife.
Tags : Supreme Court, Domestic Violence
Bombay High Court: Domestic Violence Means Mental, Economic Harassment Too(02.04.2018)
Bombay High Court has observed that domestic violence involves not only physical abuse but also mental, emotional and economic harassment.
Tags : Bombay High Court, Domestic Violence
Bombay HC to Centre: Consider Maharashtra's bill to make S. 498A IPC Cases Compoundable(12.10.2022)
Bombay High Court has asked the Union of India to consider Maharashtra's bill to make domestic violence cases under Section 498A IPC compoundable with.....
Tags : Bombay High Court, Domestic Violence, Compoundable
SC: Court to be Satisfied with Instances of Domestic Violence Before Issuing Notice in Complaint(23.01.2020)
Supreme Court has observed that before issuing notice in a complaint alleging domestic violence, the Court has to be prima facie satisfied that there .....
Tags : Supreme Court, Domestic Violence
Bombay HC: Domestic Violence Complaint Cannot be Filed Where Woman Only Casually Visiting(06.12.2021)
Bombay High Court has said that a domestic violence complaint cannot be filed at a place a woman is only casually visiting and proceedings must be ins.....
Tags : Bombay High Court, Domestic Violence Complaint
Bombay High Court Puts On Hold DV Case Against Magistrate(07.03.2017)
Bombay High Court has stayed proceedings initiated against a woman Chief Metropolitan Magistrate in Gujarat in a domestic violence case filed by her b.....
Tags : Bombay High Court, domestic violence, Magistrate
Bombay HC: DV Act Cases Can be Transferred to Family Court(02.01.2024)
Bombay High Court has held that Section 12 application under the Domestic Violence Act, 2005 before a magistrate can be transferred to a Family Court .....
Tags : Bombay High Court, Domestic Violence, Magistrate, Family Court
Madras HC: Suspecting Wife’s Fidelity is Also Domestic Violence(13.07.2016)
Madras HC has held that suspecting wife’s fidelity, questioning her for moving about with almost every other person, including her father, also amount.....
Tags : Madras HC , Domestic Violence
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
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
Woman Governed By Muslim Personal Law Can Invoke Provisions of DV Act: Bombay HC(15.05.2018)
Bombay High Court has held that merely because parties are governed by the Muslim Personal Law, it should not be an impediment in the wife invoking pr.....
Tags : Bombay High Court, Domestic Violence
Kerala HC: Breach of 'Monetary Relief' Order Can't be Prosecuted U/S 31 of DV Act(06.12.2022)
Kerala High Court has held that the penalty provided under Section 31 of Protection of Women from Domestic Violence (DV) Act would attract only breach.....
Tags : Kerala High Court, Domestic Violence, Monetary Relief
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
Madras HC: Proceedings U/S 12 of DV Act Can Be Challenged Only Under Article 227(18.11.2022)
Madras High Court has held that proceedings under Section 12 of Domestic Violence Act can be challenged in High Court only under Article 227 of Consti.....
Tags : Madras High Court, Domestic Violence, Constitution
Bom. HC: Domestic Violence Complaint Not Maintainable Against Father and Brother of Daughter-in-Law(09.01.2024)
Bombay High Court has observed that while the object and purpose of the DV Act, 2005 is to protect a woman from domestic violence, it does not confer .....
Tags : Bombay High Court, Domestic Violence, Complaint, Daughter in Law
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
Bombay High Court: In Absence of Domestic Violence, No Maintenance for Wife Under DV Act(08.05.2018)
Bombay High Court has held that a wife cannot be entitled to seek maintenance from her estranged husband under the Domestic Violence Act unless she ha.....
Tags : Bombay High Court, Domestic Violence
Bombay High Court: Domestic Violence Act Can’t Be Invoked Simply For Claiming Maintenance(10.05.2018)
Bombay High Court has observed that the provisions of Domestic Violence Act cannot be invoked simply for claiming maintenance unless the party alleges.....
Tags : Bombay High Court, Domestic Violence
Domestic Violence Act for Divorced Women Too: Supreme Court(14.05.2018)
Supreme Court has said that the Domestic Violence Act, meant to punish men who abuse women in a relationship, extends to all man-woman relationships, .....
Tags : Domestic Violence, Supreme Court
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
Orrisa HC: Prima Facie Disclosure of Violence Sufficient to Maintain a Complaint Under PWDV Act(11.01.2023)
Orissa High Court has observed that complainant need not mention particulars of every single act of domestic violence in complaint and even a prima fa.....
Tags : Orissa High Court, Domestic Violence, Prima Facie
JKL HC: Proceeding U/S 12 DV Act Not Bar to Criminal Action Under Section 498A IPC(24.02.2023)
Jammu and Kashmir and Ladakh High Court has held that merely because proceedings have been initiated by a wife against her husband under Protection of.....
Tags : Jammu and Kashmir and Ladakh High Court, Domestic Violence, Cruelty, FIR
SC: Courts Shouldn’t Impose Onerous Conditions on Complainants Under DV Act(28.02.2023)
Supreme Court while setting aside condition imposed by Delhi High Court that victim of domestic violence can lead evidence subject to payment of Rs. 2.....
Tags : Supreme Court, Onerous Conditions, Domestic Violence
Meg. HC: Application U/S 12 DV Act Not a Complaint(06.03.2023)
Meghalaya High Court while observing that application under Section 12 of Domestic Violence Act is not a complaint, has held that procedure and procee.....
Tags : Meghalaya High Court, Domestic Violence, CrPC, Complaint
Bom. HC: Husband Directed to Pay Wife Compensation of Rs. 3 Crore for DV & Calling Her ‘Second-Hand’(28.03.2024)
Bombay High Court has while upholding the Trial Court’s Order, has directed a man to pay compensation of Rupees Three Crore to his ex-wife for his act.....
Tags : Bombay High Court, Compensation, Domestic Violence
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
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 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
Delhi HC Directs Centre, Delhi Govt to Convene High Level Meeting for Domestic Violence Cases(21.04.2020)
Delhi High Court has directed the Central Government, Delhi Government, National Commission for Women, Delhi Commission for Women, and other concerned.....
Tags : Delhi High Court, Domestic Violence Cases
Karnataka HC Asks State About Action Taken on Increasing Complaints of Domestic Violence(23.04.2020)
Karnataka High Court has asked the State Government about the action it is taking due to an alleged spike in cases of domestic violence, during the lo.....
Tags : Karnataka High Court, Domestic Violence
Delhi High Court: Make Sure Domestic Violence Act is Enforced(01.05.2020)
Delhi High Court has directed the Centre and the Aam Aadmi Party Government to effectively implement provisions of the Protection of Women from Domest.....
Tags : Delhi High Court, Domestic Violence Cases
Delhi Court: Domestic Violence Act Does Not Override Personal Laws(04.08.2016)
A Delhi Court, while observing that the ‘Protection of Women from Domestic Violence (PWDV) Act does not override personal laws completely’, has reduce.....
Tags : Delhi Court, ‘Protection of Women from Domestic Violence (PWDV) Act, personal laws
‘Permanent’ Custody of Children Can’t be Ordered in Proceedings Under DV Act: Bombay HC(18.07.2018)
Bombay High Court has held that no ‘permanent custody’ orders can be made in proceedings under the Protection of Women from Domestic Violence Act, 200.....
Tags : Bombay High Court, Domestic Violence
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
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
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
All Live-in Relationships Are Not Covered Under Provisions of DV Act: Bombay High Court(02.08.2018)
Bombay High Court has held that in order to claim any relief under the provisions of Domestic Violence Act, relations between the woman and her partne.....
Tags : Bombay High Court, Domestic Violence
Bombay High Court: Financial Deprivation Amounts to Economic Abuse Under Domestic Violence Act, 2005(27.05.2019)
Bombay High Court has observed that financial deprivation amounts to economic abuse under the Protection of Domestic Violence Act, 2005. Court held th.....
Tags : Bombay High Court, Domestic Violence
J&K HC Takes Suo Moto Cognizance of Domestic Violence Cases Amid Lockdown(20.04.2020)
Jammu and Kashmir High Court has taken suo moto cognizance of plight of victims in domestic violence cases amidst lockdown and issued notices to the c.....
Tags : Jammu & Kashmir High Court, Domestic Violence Cases
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
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
Gujarat HC: Court can Allow Evidence on Affidavit in Cases Under Domestic Violence Act(10.05.2023)
Gujarat High Court has held that Court can allow evidence on affidavit in its discretion and while considering aims/objects of the Domestic Violence. .....
Tags : Gujarat High Court, Evidence, Affidavit, Domestic Violence
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
Bombay High Court Asks Teacher To Pay His Wife Rs 7 Lakh For Domestic Violence, Torture(11.09.2018)
Bombay HC has upheld an order directing a retired teacher to pay Rs 7 lakh in compensation to his wife for subjecting her to torture and domestic viol.....
Tags : Delhi High Court, Domestic Violence
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
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
Bombay HC : Woman Has Right To Residence In Matrimonial Home Under DV Act(23.10.2017)
Bombay High Court has held that under Protection of Women from Domestic Violence Act, 2005, any woman has a right to reside in her matrimonial home or.....
Tags : Bombay HC, Domestic Violence
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
SC to WB Sessions Court: Decide Mohammad Shami’s Domestic Violence Case in One Month(07.07.2023)
Supreme Court has directed West Bengal Sessions Court to decide and dispose of all proceedings against cricketer Mohammad Shami in a cruelty and assau.....
Tags : Supreme Court, Mohammad Shami, Domestic Violence
Gujarat HC Denies to Quash Domestic Violence Charges against Judges(01.09.2016)
Gujarat HC has denied to quash a complaint of domestic violence and cruelty against two judges - who are brother and sister - and lambasted the judici.....
Tags : Gujarat HC , domestic violence