All Live-in Relationships Are Not Covered Under Provisions Of Domestic Violence Act: Bombay HC [Read Judgment]
6 years, 7 months ago

All Live-in Relationships Are Not Covered Under Provisions Of Domestic Violence Act: Bombay HC [Read Judgment]

Live Law  

" It is only those relationships which qualify to be the relationship in the nature of marriage which are governed by that provision. In order to constitute such a relationship, a legal marriage between the two must be possible.”The Bombay High Court has held that in order to claim any relief under the provisions of the Domestic Violence Act, relations between the woman and her partner must. The Bombay High Court has held that in order to claim any relief under the provisions of the Domestic Violence Act, relations between the woman and her partner must be in the nature of marriage. Justice Mangesh Patil of the Aurangabad bench dismissed a criminal revision application filed by a 30-year-old woman who sought the correct interpretation of Section 2 of the Protection of Women from Domestic Violence Act after an Additional Sessions Judge set aside an order of a Judicial Magistrate First Class who had held the relationship between the petitioner and the respondent “in the nature of marriage.” Case Background The petitioner belongs to Jain Hindu community and has a child from her marriage with one Shantaram Ughade. The Supreme Court’s interpretation of the meaning of a domestic relationship particularly the words ‘in the nature of marriage’ was as under- The couple must hold themselves out to society as being akin to spouses.

Nature Relationship Marriage Order Domestic Respondent Act Married Bombay Petitioner Section 2 Domestic Violence Act  covered  nature  petitioner  bombay  provisions  respondent  livein  marriage  violence  domestic  dv  judgment  order  read  act  relationship  relationships  married  hc

History of this topic

DV Act | Husband's Relatives Who Don't Even Live In Shared Household Are Implicated In Cases For Harassment: Allahabad HC
1 month, 2 weeks ago

DV Act | Husband's Relatives Who Don't Even Live In Shared Household Are Implicated In Cases For Harassment: Allahabad HC

Live Law  

The Allahabad High Court recently observed that in many cases, to harass the husband's family or the person in a domestic relationship, the aggrieved party implicates relatives who have never lived with them in the shared household. A bench of Justice Arun Kumar Deshwal added that while issuing notice under Section 12 of the Domestic Violence Act, the courts must …

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court
2 months ago

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court

Live Law  

The Delhi High Court has held that two persons who lived together in a shared household through a relationship in the “nature of marriage” would also be called to be in a domestic relationship under the Domestic Violence Act. “Even otherwise, in terms of Section 2 of the Act, the relationship of parties living together through a relationship in the …

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court
3 months ago

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir High Court has held that the Protection of Women from Domestic Violence Act, 2005 can be invoked even in cases involving past domestic relationships where the parties have lived together in a shared household at any point in time. Justice Sanjay Dhar clarified that the definition of "domestic relationship" under Section 2 of the DV Act …

Divorced woman can seek maintenance from ex-husband under Domestic Violence Act: HC
3 months, 3 weeks ago

Divorced woman can seek maintenance from ex-husband under Domestic Violence Act: HC

Hindustan Times  

MUMBAI: The Bombay high court on Wednesday held that a divorced wife can seek maintenance from her ex-husband by invoking provisions of the Protection of Women from Domestic Violence Act, 2005. Divorced woman can seek maintenance from ex-husband under Domestic Violence Act: HC A single judge bench of justice Sandipkumar More was hearing a plea filed by a 50-year-old agriculturist …

Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High Court
7 months, 2 weeks ago

Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has ruled that a domestic relationship under the Domestic Violence Act, can be established through past cohabitation, and current cohabitation is not a requirement for the same. So, merely because the petitioner and respondent No.1 are not presently living in a shared household, it cannot be stated that there is no domestic …

What is the legal position on live-in relationships? | Explained
10 months ago

What is the legal position on live-in relationships? | Explained

The Hindu  

The story so far: The Lucknow bench of the Allahabad High Court stated earlier this month that a Muslim cannot claim rights in a live-in relationship when he or she has a living spouse. Interestingly in the same month, the Punjab and Haryana High Court stated that a couple living together without obtaining a divorce from their previous spouse cannot …

HC upholds Rs 3-cr compensation, Rs 1.5 lakh maintenance to woman in domestic violence case
11 months, 3 weeks ago

HC upholds Rs 3-cr compensation, Rs 1.5 lakh maintenance to woman in domestic violence case

Deccan Chronicle  

Mumbai, Mar 26 The Bombay High Court has upheld a trial court order directing a husband to pay a Rs 3-crore compensation and monthly maintenance of Rs 1.5 lakh to his estranged wife, observing a factor that can be considered for deciding the payout quantum is the impact of acts of domestic violence on the aggrieved person. Justice Sharmila held …

How the state views interpersonal relationships
1 year ago

How the state views interpersonal relationships

Hindustan Times  

Any intervention of the state in the personal domain needs to maintain a delicate balance between a person’s right to privacy and the state’s interest in maintaining a just social order. Most recently, while refusing to recognise the right to marriage as a fundamental right in October 2023, the Supreme Court in Supriyo v. Union of India noted that the …

Married Sister-In-Law Who Frequently Visits House Not In Domestic Relationship With Complainant: Bombay High Court Quashes Domestic Violence Case
1 year, 1 month ago

Married Sister-In-Law Who Frequently Visits House Not In Domestic Relationship With Complainant: Bombay High Court Quashes Domestic Violence Case

Live Law  

The Bombay High Court quashed a domestic violence case against a woman's married sister-in-law observing that the sister-in-law visiting frequently to the household of the complainant without any permanency is not sufficient to constitute residence in shared household. However, the Metropolitan Magistrate Court at Girgaon, Mumbai, dismissed the application against the petitioner, holding that there was no domestic relationship between …

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court
1 year, 2 months ago

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that the findings of cruelty against a wife in the divorce proceedings by itself cannot be a basis to deny her maintenance under the Domestic Violence Act, 2005. Justice Amit Bansal also observed that a revision petition would lie to the High Court against an order passed by the Sessions Court in appeal under …

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court
1 year, 2 months ago

DV Act | Unproven Allegations Of Illicit Relationship No Ground To Deny Interim Maintenance To Wife: Delhi High Court

Live Law  

The Delhi High Court has recently observed that the wife cannot be denied the benefit of interim maintenance under the Domestic Violence Act, 2005, merely on the basis of allegations of illicit relationship which are yet to be proved during the course of trial.Justice Anoop Kumar Mendiratta dismissed a husband's plea against a trial court order directing him to pay …

Can Proceedings Under Domestic Violence Act Be Transferred To Family Court? Bombay HC Directs Registry To Place Matter Before Appropriate Bench
1 year, 7 months ago

Can Proceedings Under Domestic Violence Act Be Transferred To Family Court? Bombay HC Directs Registry To Place Matter Before Appropriate Bench

Live Law  

The Bombay High Court has directed its Registry to place before an appropriate bench a clutch of petitions to decide a common legal issue – whether family courts are competent to hear domestic violence cases. “A common question involved is whether the Family Court established under the Family Courts Act, 1984 is competent to conduct the proceedings and give the …

Indian Court Can Entertain Complaint Against Domestic Violence Committed Abroad: Bombay High Court
1 year, 11 months ago

Indian Court Can Entertain Complaint Against Domestic Violence Committed Abroad: Bombay High Court

Live Law  

The Bombay High Court recently held that judicial magistrate in India can take cognizance of domestic violence committed in foreign soil under the Protection of Women From Domestic Violence Act, 2005. Justice GA Sanap of the Nagpur bench observed that the Act is a social beneficial legislation and the lawmakers worded section 27 of the Act keeping in mind possible …

Indian courts can hear domestic violence case even if happened abroad: Bombay HC
1 year, 11 months ago

Indian courts can hear domestic violence case even if happened abroad: Bombay HC

Hindustan Times  

A court in India can take cognizance of a case of domestic violence even if the alleged offence takes place in a foreign country, the Nagpur bench of the Bombay High Court has held. The court recently rejected a plea by an Indian man who claimed that a magistrate's court in Nagpur can not act on a complaint of domestic …

DV Act: Men Can Be Victims Too As Forms Of Gender Violence Differ In Different Social Settings
1 year, 11 months ago

DV Act: Men Can Be Victims Too As Forms Of Gender Violence Differ In Different Social Settings

ABP News  

In a recent judgment, the Delhi High Court held that protection under the Domestic Violence Act is not available to men. The proceeding was earlier initiated by the husband of the petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005, which refers to filing the application before the magistrate. Consequently, with the efforts of the …

Proceedings Under Section 12 Domestic Violence Act Not Bar To Initiating Criminal Action, Lodging FIR U/S 498A IPC: JKL High Court
2 years ago

Proceedings Under Section 12 Domestic Violence Act Not Bar To Initiating Criminal Action, Lodging FIR U/S 498A IPC: JKL High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Monday ruled that merely because proceedings have been initiated by a wife against her husband under the Protection of Women from Domestic Violence Act, 2005, no bar can be construed against lodging an first information report for cruelty under Section 498A of the Indian Penal Code. Single-judge Justice Sanjay Dhar said …

Supreme Court Annual Digest 2022- Domestic Violence Act, 2005
2 years, 1 month ago

Supreme Court Annual Digest 2022- Domestic Violence Act, 2005

Live Law  

Protection of Women from Domestic Violence Act, 2005 Protection of Women from Domestic Violence Act, 2005 - Appeal against the Madras HC judgment which quashed proceedings under Domestic Violence Act on the ground of limitation - Allowed - High Court was in error in observing that the application under Section 12 of the Act ought to have been filed within …

Overseas Citizens, Persons Temporarily Residing In India Entitled To Seek Relief Under Domestic Violence Act: Madras High Court
2 years, 1 month ago

Overseas Citizens, Persons Temporarily Residing In India Entitled To Seek Relief Under Domestic Violence Act: Madras High Court

Live Law  

The Madras High court recently held that the law in India does not prohibit a person holding an Overseas Citizenship of India card or person temporarily residing here from seeking relief under the Domestic Violence Act in the Indian courts.Justice SM Subramaniam said upon Section 27 of the Protection of Women from Domestic Violence Act "unambiguously stipulates that aggrieved. The …

Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife
2 years, 1 month ago

Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife

Live Law  

Expressing a prima facie view, the Delhi High Court has said that the protection under Protection of Women from Domestic Violence Act, 2005 is not available to a husband or male member of the family, in view of sections 2 of the statute.Section 2 defines an “aggrieved person” as any woman who is, or has been, in a domestic relationship …

Bombay HC Upholds Alimony Granted to Wife Under Domestic Violence Act after 'Customary Divorce'
2 years, 1 month ago

Bombay HC Upholds Alimony Granted to Wife Under Domestic Violence Act after 'Customary Divorce'

News 18  

A single-judge bench of the Bombay High Court of SG Mehare recently dismissed a revision plea filed by a husband while noting that he cannot claim that after customary divorce, the domestic relationship ceased, and the wife is not entitled to reliefs under the Domestic Violence Act. The order reads, “In other words, even if an aggrieved person is not …

Live-in relationships covered under domestic violence Act: Kiren Rijiju
2 years, 2 months ago

Live-in relationships covered under domestic violence Act: Kiren Rijiju

The Hindu  

The Supreme Court and other courts have held that live-in relationships, which are in the nature of marriage, are protected under the provisions of the Protection of Women against Domestic Violence Act, Law Minister Kiren Rijiju said on Thursday. Responding to a question by Congress member Rajani Patil in the Upper House on whether the government plans to provide a …

Proceedings Under Section 12 Of DV Act Can Be Challenged Only Under Article 227, Not Section 482 CrPC: Madras High Court Full Bench
2 years, 4 months ago

Proceedings Under Section 12 Of DV Act Can Be Challenged Only Under Article 227, Not Section 482 CrPC: Madras High Court Full Bench

Live Law  

A Full Bench of the Madras High Court on Thursday held that proceedings under Section 12 of the Domestic Violence Act can be challenged in the High Court only under Article 227 of the Constitution and not by invoking the court's power under Section 482 CrPC.The matter was referred to the bench of Justice PN Prakash, Justice RMT Teeka Raman …

From Domestic Violence to Palimony, What the Law Says About Protection of Live-in Partners in India
2 years, 4 months ago

From Domestic Violence to Palimony, What the Law Says About Protection of Live-in Partners in India

News 18  

Police are deep into the investigation of the shocking murder case of Shraddha Walkar, who was allegedly killed by her live-in partner Aaftab Poonawalla. In this landmark decision, a bench led by Honble Justice K. S. Radhakrishnan framed guidelines to take along the live-in relationship within the expression relationship in the nature of marriage for the protection of women from …

Domestic Violence Act proceedings are basically civil in nature, rules Madras HC
2 years, 7 months ago

Domestic Violence Act proceedings are basically civil in nature, rules Madras HC

The Hindu  

The basic relief proceedings under the Protection of Women from Domestic Violence Act, 2005 are purely civil in nature though the Parliament had consciously empowered judicial magistrates to adjudicate the rights of victim women by predominantly adopting procedures prescribed under the Code of Criminal Procedure, the Madras High Court has held. It is only when there is a breach of …

Denial Of Economic Support To Wife & Minor Son Amounts To 'Domestic Violence' Even If Parties Aren't Residing In Shared Household: Calcutta High Court
2 years, 8 months ago

Denial Of Economic Support To Wife & Minor Son Amounts To 'Domestic Violence' Even If Parties Aren't Residing In Shared Household: Calcutta High Court

Live Law  

The Calcutta High Court on Thursday observed that denial of economic support to the wife and the minor son constitutes 'domestic violence' under Section 3 of the Protection of Women from Domestic Violence Act, 2005 and that it is immaterial whether the parties are still residing in a shared household or not. Opining that denial of economic support would constitute …

SC to the rescue of women victims of domestic violence
2 years, 10 months ago

SC to the rescue of women victims of domestic violence

The Hindu  

In an important verdict safeguarding the interest of women victims of domestic violence, the Supreme Court on Thursday gave a wide interpretation to the term ‘right to reside in a shared household’ under the law, holding it cannot be restricted to only actual matrimonial residence, but can be extended to other homes irrespective of right over the property. ‘Report not …

'Connected Questions Would Arise': Bombay HC Says Domestic Violence Case Can Be Transferred To Family Court To Be Heard With Divorce Case
3 years, 2 months ago

'Connected Questions Would Arise': Bombay HC Says Domestic Violence Case Can Be Transferred To Family Court To Be Heard With Divorce Case

Live Law  

The Bombay High Court has allowed a husband's application to transfer the Domestic Violence case filed against him by his wife from a Metropolitan court to the Family court, saying that both the cases would essentially give rise to "common and connected questions." Justice CV Bhadang, in an order passed last week, also rejected various other contentions raised by the …

Domestic Violence Act Complaints Can't Be Filed At Places Of Casual Visits, Should Be Instituted In Place Of Temporary Or Permanent Residence: Bombay High Court
3 years, 3 months ago

Domestic Violence Act Complaints Can't Be Filed At Places Of Casual Visits, Should Be Instituted In Place Of Temporary Or Permanent Residence: Bombay High Court

Live Law  

A domestic violence complaint cannot be filed at a place a woman is only casually visiting and proceedings must be instituted at her temporary or permanent residence under section 27 of the Domestic Violence Act, the Bombay High Court said. Justice SK Shinde thus upheld a magistrate's order declining to entertain a woman's application under section 12 of the Domestic …

Across India, high courts' approach to live-in relationships appears to be caught in contradictions
3 years, 5 months ago

Across India, high courts' approach to live-in relationships appears to be caught in contradictions

Firstpost  

The varying reasons accorded by high courts, apart from relying upon biases stemming out of the contemporary societal perceptions, additionally, often revolve around loose interpretations of the Constitution Live-in relationships have faced tumultuous judicial interpretations in the recent past. Recently, Rajasthan High Court granted police protection to a live-in couple on the grounds that, denying them the same would amount …

Delhi High Court Upholds Order Of Interim Maintenance To Alleged Live-In Partner Of Married Man Under DV Act
3 years, 9 months ago

Delhi High Court Upholds Order Of Interim Maintenance To Alleged Live-In Partner Of Married Man Under DV Act

Live Law  

The Delhi High Court recently upheld the order of an Additional Session Judge directing a married man to pay ad-interim maintenance under the Protection of Women from Domestic Violence Act, 2005 to a woman claiming to be his live-in partner. Findings At the outset, the Court observed that in order to maintain a petitioner under the DV Act, the aggrieved …

Live-In Relationships May Not Be Acceptable To All But Living Together Without Marrying Doesn't Constitute An Offence: P&H High Court
3 years, 9 months ago

Live-In Relationships May Not Be Acceptable To All But Living Together Without Marrying Doesn't Constitute An Offence: P&H High Court

Live Law  

In yet another significant ruling, the Punjab & Haryana High Court on Tuesday observed that a live-in relationship may not be acceptable to all, but it cannot be said that such a relationship is an illegal one or that living together without the sanctity of marriage constitutes an offence.The Bench of Justice Jaishree Thakur observed thus in a matter pertaining …

Civil Appeal May Be Filed Against Family Court's Order Under Domestic Violence Act: Bombay High Court
4 years ago

Civil Appeal May Be Filed Against Family Court's Order Under Domestic Violence Act: Bombay High Court

Live Law  

The Bombay High Court has held that the reliefs canvased under Sections 19 to 22 of the Domestic Violence Act are predominantly of the civil nature and there is no infirmity in filing a civil appeal against an order passed under the said provisions. Issue The issue before the Court was whether Appeal under Section 19 of the Family Courts …

Can Divorced Wife Claim Right To Residence Under Domestic Violence Act?
4 years, 5 months ago

Can Divorced Wife Claim Right To Residence Under Domestic Violence Act?

Live Law  

The Supreme Court in a recent judgment held that a woman can claim right to residence in the houses owned by relatives as well. Examining the provisions of the Act, the court held that an act of domestic violence once committed, subsequent decree of divorce will not absolve the liability of the respondent from the offence committed or to deny …

No Protection For Married Live In Partners, Holds Allahabad HC [Read Judgment]
5 years ago

No Protection For Married Live In Partners, Holds Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court on Tuesday held that where a man and a woman, during the subsistence of their marriages to other persons, reside as a live in couple, they will not be entitled to any protection under the law. While dismissing the writ petition moved by a live in couple, who "candidly" stated that they had married to other …

Wife Entitled To Relief Under DV Act Even After Divorce, If She Continues To Cohabit With Husband: Bombay HC [Read Jufgment]
5 years, 4 months ago

Wife Entitled To Relief Under DV Act Even After Divorce, If She Continues To Cohabit With Husband: Bombay HC [Read Jufgment]

Live Law  

The Bombay High Court has held that ten years after the decree of divorce has been passed, wife is entitled to reliefs under the Domestic Violence Act if she continued to cohabit with her husband post-divorce. Justice Mangesh Patil of Aurangabad bench dismissed a criminal revision application filed by 46-year-old Atmaram Sanap who challenged two concurrent findings in proceedings initiated …

Once Divorce Is Granted, Relief Can't Be Sought Under Domestic Violence Act: Bombay HC [Read Judgment]
5 years, 10 months ago

Once Divorce Is Granted, Relief Can't Be Sought Under Domestic Violence Act: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has held that once a decree of divorce has been granted, relief cannot be sought by the wife under the Domestic Violence Act. In the said judgment, the applicant wife's application under Sections 12 and 18 of the Protection of Women from Domestic Violence Act, 2005 was rejected. In 2009, the application under Sections 12 and …

Bombay HC Refuses To Interfere With Family Court Order Directing 75-Yr-Old To Pay Rs.1L Compensation To 72-Year-Old Wife Under DV Act [Read Order]
5 years, 10 months ago

Bombay HC Refuses To Interfere With Family Court Order Directing 75-Yr-Old To Pay Rs.1L Compensation To 72-Year-Old Wife Under DV Act [Read Order]

Live Law  

The Bombay High Court recently refused to interfere with an order of the family court directing a 75-year-old man to pay Rs.1 lakh in compensation to his 72-year-old wife under the Protection of Women from Domestic Violence Act, 2005. A division bench of Justice Akhil Kureshi and Justice Sarang Kotwal denied relief to Subhash Anand, the appellant husband who challenged …

DV Act: Magistrate Can Pass 'Residence Order' Even With Regard To Property Situated Outside State: J & K HC [Read Judgment]
6 years, 1 month ago

DV Act: Magistrate Can Pass 'Residence Order' Even With Regard To Property Situated Outside State: J & K HC [Read Judgment]

Live Law  

The Jammu and Kashmir High Court has held that a Magistrate can pass 'Residence order' under Domestic Violence Act even with regard to property situated outside State. Referring to Section 19,201 and 23 of the Act, the court observed that residence order can be passed with regard to property which is situated outside State, is not tenable. Act, there is …

Wife Entitled To 'Residence Order' Only If She Establishes Domestic Violence: SC [Read Order]
6 years, 1 month ago

Wife Entitled To 'Residence Order' Only If She Establishes Domestic Violence: SC [Read Order]

Live Law  

The Supreme Court upheld a Calcutta High Court judgment which held that entitlement of a wife to claim residence in the shared household is only when she could establish domestic violence. The High Court held that the wife was entitled to claim residence in the shared household only in case she established domestic violence, which she did not. While, setting …

Live-In Partner Can Seek Maintenance Under Provisions Of Domestic Violence Act, Says SC [Read Order]
6 years, 4 months ago

Live-In Partner Can Seek Maintenance Under Provisions Of Domestic Violence Act, Says SC [Read Order]

Live Law  

‘In fact, under the provisions of the DVC Act, 2005 the victim i.e. estranged wife or live-in-partner would be entitled to more relief than what is contemplated under Section 125 of the Code of Criminal Procedure, 1973, namely, to a shared household also.’The Supreme Court observed that a live-in partner can seek maintenance under the provisions of the Protection of …

Live-In Partner Can Seek Maintenance Under Provisions Of Domestic Violence Act, Says SC [Read Order]
6 years, 4 months ago

Live-In Partner Can Seek Maintenance Under Provisions Of Domestic Violence Act, Says SC [Read Order]

Live Law  

‘In fact, under the provisions of the DVC Act, 2005 the victim i.e. estranged wife or live-in-partner would be entitled to more relief than what is contemplated under Section 125 of the Code of Criminal Procedure, 1973, namely, to a shared household also.’The Supreme Court observed that a live-in partner can seek maintenance under the provisions of the Protection of …

SC to examine whether live-in relationship can be considered 'de facto' marriage, says civil liability on male partners after break-up
6 years, 8 months ago

SC to examine whether live-in relationship can be considered 'de facto' marriage, says civil liability on male partners after break-up

Firstpost  

The Supreme Court decided to examine whether civil liability can be put on a man who refused a promise to marry a woman after a live-in relationship and a consensual sexual relationship, by treating such a relationship as “de-facto” marriage. The Supreme Court on Monday decided to examine whether civil liability can be fastened on a man who walked out …

Domestic Violence Act for divorced women too: Supreme Court
6 years, 10 months ago

Domestic Violence Act for divorced women too: Supreme Court

The Hindu  

The Domestic Violence Act — meant to punish men who abuse women in a relationship — extends to all man-woman relationships, and also protects divorced women from their former husbands, the Supreme Court has upheld. A three-judge Bench of Justices Ranjan Gogoi, R. Banumathi and Naveen Sinha confirmed a Rajasthan High Court ruling of 2013 that the term ‘domestic violence’ …

Woman Has Right To Residence In Matrimonial Home, Irrespective Of Whether She Has Any Proprietary Right: Bombay HC [Read Judgment]
7 years, 4 months ago

Woman Has Right To Residence In Matrimonial Home, Irrespective Of Whether She Has Any Proprietary Right: Bombay HC [Read Judgment]

Live Law  

Allowing a petition filed against an order of the family court, the Bombay High Court has held that under the Protection of Women from Domestic Violence Act, 2005, any woman has a right to reside in her matrimonial home or shared household, irrespective of whether she has any right, title or interest in the said household or not.Justice Shalini Phansalkar …

Maintenance Under DV Act Cannot Be Denied Solely Because The Grievance Arose In Second Marriage: Delhi HC [Read Judgment]
7 years, 7 months ago

Maintenance Under DV Act Cannot Be Denied Solely Because The Grievance Arose In Second Marriage: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court recently set aside a lower Court order, which had denied maintenance to the wife under the Protection of Women from Domestic Violence Act, 2005 solely because she was married before.“The incidences of domestic violence have been enumerated in Section 3 of the Act which defines domestic violence and it includes physical, verbal, emotional and economic abuse. …

Pendency Of Divorce Petition Not A Bar To Initiate Proceeding Under DV Act: Madras HC [Read Judgment]
7 years, 10 months ago

Pendency Of Divorce Petition Not A Bar To Initiate Proceeding Under DV Act: Madras HC [Read Judgment]

Live Law  

Madras High Court has recently held that pendency of divorce petition filed by husband is not a bar to initiate proceedings under Domestic Violence Act by wife.Justice PN Prakash was hearing a petition filed by husband and his parents to quash the proceedings under Domestic Violence Act filed by wife.The petitioners submitted that wife of third respondent is visually challenged …

Pendency Of Divorce Petition Not A Bar To Initiate Proceeding Under DV Act: Madras HC [Read Judgment]
7 years, 10 months ago

Pendency Of Divorce Petition Not A Bar To Initiate Proceeding Under DV Act: Madras HC [Read Judgment]

Live Law  

Madras High Court has recently held that pendency of divorce petition filed by husband is not a bar to initiate proceedings under Domestic Violence Act by wife.Justice PN Prakash was hearing a petition filed by husband and his parents to quash the proceedings under Domestic Violence Act filed by wife.The petitioners submitted that wife of third respondent is visually challenged …

Husband Can Initiate Proceedings Under DV Act Against Wife, Her Relatives: Karnataka HC [Read Order]
7 years, 10 months ago

Husband Can Initiate Proceedings Under DV Act Against Wife, Her Relatives: Karnataka HC [Read Order]

Live Law  

The Karnataka High Court has recently held that any person, whether male or female, aggrieved and alleging violation of the provisions of the Domestic Violence Act, can invoke the provisions under the Act.Justice Anand Byrareddy was hearing a petition filed by Mohammed Zakir against dismissal of his complaint filed under the Domestic Violence Act against his wife and her relatives …

Husband Can Initiate Proceedings Under DV Act Against Wife, Her Relatives: Karnataka HC [Read Order]
7 years, 10 months ago

Husband Can Initiate Proceedings Under DV Act Against Wife, Her Relatives: Karnataka HC [Read Order]

Live Law  

The Karnataka High Court has recently held that any person, whether male or female, aggrieved and alleging violation of the provisions of the Domestic Violence Act, can invoke the provisions under the Act.Justice Anand Byrareddy was hearing a petition filed by Mohammed Zakir against dismissal of his complaint filed under the Domestic Violence Act against his wife and her relatives …

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