Husband's Extra-Marital Partner Can't Be Made Respondent In Domestic Violence Act Proceedings : Karnataka High Court
3 years, 8 months ago

Husband's Extra-Marital Partner Can't Be Made Respondent In Domestic Violence Act Proceedings : Karnataka High Court

Live Law  

The Karnataka High Court has held that a wife cannot make the woman with whom her husband is having an illegal relationship as a respondent in the application made by her under Section 12, of the Domestic Violence Act. A single bench of Justice Sreenivas Harish Kumar said "Section 2 of the Act makes it clear that only those persons who have been in the domestic relationship can be made as respondent. Advocate M.H.Prakash, appearing for the petitioner, submitted that she has been unnecessarily made a party by the 1st respondent in her application before the Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Domestic violence has been committed on the instigation of the petitioner and this is the reason for making her party in the application filed under Section 12 of the Act."

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History of this topic

Amending Original Plea Before Family Court To Incorporate Reliefs Under Domestic Violence Act Will Not Change Its Nature And Character: Kerala HC
1 month, 1 week ago

Amending Original Plea Before Family Court To Incorporate Reliefs Under Domestic Violence Act Will Not Change Its Nature And Character: Kerala HC

Live Law  

The Kerala High Court ruled that amending an original petition filed before the Family Court incorporating reliefs under the Protection of Women from Domestic Violence Act, 2005 is permissible and that it will not change the nature and character of the original petition. Snehalatha allowed the petition for amendment filed under Order VI Rule 17 CPC to incorporate reliefs under …

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 2 weeks ago

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court

Live Law  

The Gujarat High Court dismissed a wife's revision plea challenging a family court order which rejected her Order VII Rule 11 CPC application for rejection of her husband's 'composite suit' for nullity of marriage and divorce alleging cruelty, after noting that there is no prohibition on filing such a suit or joint petition. Therefore, there cannot be any bar in …

Karnataka HC Declines Wife's Plea To Transfer Divorce Case, Says Safeguarding Women Is Admirable But Husband's Convenience Can't Be Overlooked
2 months ago

Karnataka HC Declines Wife's Plea To Transfer Divorce Case, Says Safeguarding Women Is Admirable But Husband's Convenience Can't Be Overlooked

Live Law  

The Karnataka High Court has said that there should be a gender-neutral society which aims at preventing separation of duties according to sex or gender and the focus should be on equal treatment of men and women both in domestic affairs and workplaces. The court disallowed a plea for transfer of a divorce petition filed by the wife and stated …

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner
3 months ago

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner

Live Law  

While hearing a habeas corpus petition wherein a woman had claimed that her female partner had been detained by her parents, the Andhra Pradesh High Court while upholding the right of women to cohabit together said that the detenue was major and her family cannot restrain her from taking her own life decisions. The division bench of Justice R. Raghunandan …

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court
3 months, 1 week 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 …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
3 months, 2 weeks ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
Trending News
3 months, 2 weeks ago

Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court

Live Law  

The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
3 months, 3 weeks ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

Family Members Calling Wife For Conciliation Meeting After She Had Feud With Husband Not Mental Harassment: Karnataka High Court
3 months, 3 weeks ago

Family Members Calling Wife For Conciliation Meeting After She Had Feud With Husband Not Mental Harassment: Karnataka High Court

Live Law  

The Karnataka High Court has quashed a criminal case registered by a woman against her brother-in-law and others alleging them of causing mental harassment to her when they after she had a feud with her husband called her to the matrimonial home for conciliation. The court said “The allegations may have to be answered by accused Nos.1, 2 and 3, …

Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High Court
7 months, 3 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 …

Merely Because Love Wanes Away With Time, Consensual Acts Between Two Adults Cannot Be Called Rape: Karnataka High Court
8 months, 1 week ago

Merely Because Love Wanes Away With Time, Consensual Acts Between Two Adults Cannot Be Called Rape: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that consensual acts between two adults who were in love over a long period of six years will not attract the offence of rape. The court said, “The duration of relationship between the two which was founded on love was for a period of six years, merely because love wanes away by efflux of …

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC
8 months, 3 weeks ago

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that a petition calling in question the entire proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 would be maintainable before the High Court, not the Sessions Court. The complainant opposed the quashing petition saying that an appeal should be preferred before the Sessions Court under Section 29 …

Karnataka High Court gives liberty to man to prosecute wife for making false charge of offences against him
8 months, 3 weeks ago

Karnataka High Court gives liberty to man to prosecute wife for making false charge of offences against him

The Hindu  

In a rare instance, the High Court of Karnataka has given liberty to a 35-year-old man to initiate proceedings against his wife for malicious prosecution or proceedings under Section 211 of the Indian Penal Code for making the false charge of offences, including the offence of dowry harassment, against him. However, the court, from the records, found that the “documents …

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband
10 months ago

Karnataka High Court Allows Interfaith Couple To Cohabit After Girl Says She Voluntarily Left Home, Wasn't Facing Any Coercion Or Undue Influence From Husband

Live Law  

The Karnataka High Court recently disposed of habeas corpus petition filed by a mother of a girl after the detenue girl informed the court that she has married and is staying with her Muslim husband in Kerala and does not intend to go back to her parents. A division bench of Justice S Sunil Dutt Yadav and Justice Venkatesh Naik …

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child
1 year, 3 months ago

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child

Live Law  

The Karnataka High Court has quashed the criminal case initiated against a man for offences punishable u/s 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006, taking note of the survivor's plea that she and her child depended on him and the prosecution would not be in the interest of justice. She claimed that if the criminal …

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship
1 year, 4 months ago

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship

Live Law  

The Karnataka High Court has quashed a rape case against an accused subject to him solemnizing marriage with the survivor, who claimed they were in a consensual relationship while she was a minor and now having attained majority, intend to marry each other. A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Chikkaredappa and directed him …

Domestic Violence Not Established: Karnataka HC Denies Claim Of Wife Who Converted Religion, Says "Marriage Stands Dissolved" Though No Divorce
1 year, 4 months ago

Domestic Violence Not Established: Karnataka HC Denies Claim Of Wife Who Converted Religion, Says "Marriage Stands Dissolved" Though No Divorce

Live Law  

The Karnataka High Court has held that compensation under section 22 of the Protection of Women from Domestic Violence Act, 2005 can be awarded only when Domestic Violence is established. The bench said, “Under Section 22 Protection of Women from Domestic Violence Act, 2005, compensation can be awarded only if Domestic Violence is proved and in fact, in the instant …

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court
1 year, 5 months ago

[Hindu Marriage Act] Wife's Failure To Comply With Restitution Of Conjugal Rights Decree Ground For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has dissolved the marriage between a couple, as the wife did not join the company of the husband even after the trial court passed an order for restitution of conjugal on an application filed by the husband. On going through the records the bench noted that the appellant/husband issued legal notice back in 2016 calling upon …

Wife humiliates husband over skin colour, Karnataka HC says its 'cruel', grants divorce
1 year, 7 months ago

Wife humiliates husband over skin colour, Karnataka HC says its 'cruel', grants divorce

Firstpost  

During cross-examination, when asked if she would be willing to reconcile with her husband, the wife expressed her willingness but asserted that she would not withdraw the complaints lodged against her husband and his family In a recent ruling, the Karnataka High Court while granting dissolution of marriage to a couple, highlighted that a woman repeatedly calling her husband dark-skin …

Can A Court Reject Plea For Divorce By Mutual Consent Just Because Husband & Wife Are Residing In Same Premises? Karnataka High Court Says No
1 year, 9 months ago

Can A Court Reject Plea For Divorce By Mutual Consent Just Because Husband & Wife Are Residing In Same Premises? Karnataka High Court Says No

Live Law  

The Karnataka High Court has held that just because an estranged couple are residing under the same roof, a court cannot reject their plea seeking dissolution of marriage by mutual consent, on this ground alone. A single judge bench of Justice Krishna S Dixit allowed a petition filed by a couple and set aside the order of the family court …

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 …

Domestic Violence Victims Must Be Addressed With Immediacy: Karnataka High Court Issues Directions For Timely Disposal By Magistrate Courts
2 years ago

Domestic Violence Victims Must Be Addressed With Immediacy: Karnataka High Court Issues Directions For Timely Disposal By Magistrate Courts

Live Law  

The Karnataka High Court has issued directions to be followed by magistrate courts for disposal of applications being made by an aggrieved person under the Protection of Women from Domestic Violence Act, 2005, within 60 days from the date of its filing. Before issuing the directions the bench expressed “It becomes necessary for this Court to direct the Magistrates, to …

Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court
2 years ago

Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court

Live Law  

The Karnataka High Court has quashed charges of rape levelled against an accused who was booked on the complaint made by the victim, after the accused refused to marry her on being in a relationship with her for over five years. Therefore, for five long years, it cannot be said that the consent of a woman has been taken for …

[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court
2 years ago

[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court

Live Law  

The Karnataka High Court recently modified an order passed by the Trial court which directed a woman be paid Rs.6,000 as monthly maintenance and a room be given to her for living in the shared house of the estranged husband. A single judge bench of Justice V Srishananda allowed the memo filed by the estranged husband who undertook to pay …

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made
2 years, 1 month ago

498A IPC: Karnataka High Court Quashes Criminal Case Accusing Sister-in-Law Of Harassment, Says Omnibus Allegations Made

Live Law  

The Karnataka High Court has quashed a criminal case where "omnibus allegations" of physical and mental harassment were made by a woman against her sister-in-law. A single judge bench of Justice Mohammad Nawaz allowed the petition filed by a woman who was chargesheeted along with other accused under sections 498-A, 323, 504 read with Section 149 IPC. The court 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 …

Foreigners can also move Indian courts in domestic abuse case, says Madras HC
2 years, 1 month ago

Foreigners can also move Indian courts in domestic abuse case, says Madras HC

Hindustan Times  

The Madras high court has said that even foreigners can invoke Domestic Violence Act, 2005 in Indian courts and that the residence of women is immaterial. Justice S M Subramaniam observed that Indian courts cannot shut out an independent consideration of the matter just because a foreign court has taken a particular view A single judge bench was hearing a …

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 …

Former Husband’s Remarriage Not A Ground To Question Settlement Arrived Earlier For Divorce: Karnataka High Court
2 years, 2 months ago

Former Husband’s Remarriage Not A Ground To Question Settlement Arrived Earlier For Divorce: Karnataka High Court

Live Law  

The Karnataka High Court has said that remarriage of the former husband cannot be a ground to question the settlement arrived between the couple after issues were settled before the court and decree of divorce was granted. A single judge bench of Justice M Nagaprasanna dismissed a petition filed by one Lata Choodiah seeking to set aside the memorandum of …

‘Has Become Common Practice To Convert Some Other Dispute Into Domestic Violence Complaint’: Kerala HC Asks Magistrates To Act With Caution
2 years, 2 months ago

‘Has Become Common Practice To Convert Some Other Dispute Into Domestic Violence Complaint’: Kerala HC Asks Magistrates To Act With Caution

Live Law  

Observing the existence of a domestic relationship is sine qua non for seeking relief under the Protection of Women from Domestic Violence Act, the Kerala High Court has said it has become a common practice to convert some other dispute into a 'domestic violence complaint'.The magistrates must not casually and mechanically issue summons in such cases, said the court. Observing …

Karnataka Govt Supports Prosecution Of Husband For Marital Rape; Files Affidavit In Supreme Court Supporting High Court Judgment
2 years, 3 months ago

Karnataka Govt Supports Prosecution Of Husband For Marital Rape; Files Affidavit In Supreme Court Supporting High Court Judgment

Live Law  

The Karnataka Government has supported the prosecution of a husband in a case for marital rape. The State has filed an affidavit in the Supreme Court supporting a Karnataka High Court judgment which sustained the charges framed against a husband under Section 376 IPC for forcible sex with wife.In this connection, it is worthwhile to note that the Central Government …

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 …

"Petty Offences, Do Not Involve Moral Turpitude": Himachal Pradesh High Court Quashes FIR U/S 354, 498A IPC Based On Compromise
3 years ago

"Petty Offences, Do Not Involve Moral Turpitude": Himachal Pradesh High Court Quashes FIR U/S 354, 498A IPC Based On Compromise

Live Law  

The Himachal Pradesh High Court has granted relief to a husband by quashing a FIR lodged against him by his wife for allegedly demanding dowry and outraging her modesty, based on a compromise between the parties. Justice Sandeep Sharma said, offences alleged to have been committed by the petitioners do not involve offences of moral turpitude or any grave/heinous crime, …

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 …

'Perjury A Heinous Crime, Complaints On It Shouldn't Be Deferred': Karnataka High Court
3 years, 6 months ago

'Perjury A Heinous Crime, Complaints On It Shouldn't Be Deferred': Karnataka High Court

Live Law  

The Karnataka High Court recently observed that consideration of complaints regarding perjury should not be deferred or delayed by courts. The observation was made by the court while hearing a petition filed by an estranged husband challenging an order passed by the trial court, rejecting his application seeking to initiate perjury proceedings against his wife. The court then reproduced the …

Protection Plea- Married Woman & Unmarried Man In A Live-In Relation: Punjab & Haryana High Court Directs SSP To Look Into Their Grievance
3 years, 9 months ago

Protection Plea- Married Woman & Unmarried Man In A Live-In Relation: Punjab & Haryana High Court Directs SSP To Look Into Their Grievance

Live Law  

The Punjab & Haryana High Court on Monday directed SSP, Faridkot to look into the grievance of an already married woman and an unmarried man living together in a live-in relationship and seeking protection of life and liberty against private parties. The petitioners are stated to be in a live-in relationship and they were apprehending threat and danger to their …

Unfortunately, No Law Like Domestic Violence Act for Husband to Proceed Against Wife: Madras HC
3 years, 9 months ago

Unfortunately, No Law Like Domestic Violence Act for Husband to Proceed Against Wife: Madras HC

News 18  

The Madras High Court made some interesting observations on the Domestic Violence Act and marriage after hearing charges that a woman had filed a domestic violence complaint against her husband just to “harass” him, the Bar and Bench reported. Justice S Vaidyanathan said it was concerning that there is no law in place to deal with complaints against women in …

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 …

Allegations In Matrimonial Case Can Lead To Criminal Defamation: Karnataka HC [Read Judgment]
4 years, 5 months ago

Allegations In Matrimonial Case Can Lead To Criminal Defamation: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has convicted a woman under section 500 of Indian Penal Code on the finding that the statements made by her against her husband before the Family Court in a matrimonial case amounted to 'criminal defamation'. The Court held that pleadings filed in court and depositions made in the case amount to 'publication' within the meaning of …

Petition U/s 482 CrPC To Quash Proceedings U/s 12 Domestic Violence Act Not Maintainable: Kerala HC [Read Order]
4 years, 6 months ago

Petition U/s 482 CrPC To Quash Proceedings U/s 12 Domestic Violence Act Not Maintainable: Kerala HC [Read Order]

Live Law  

The Kerala High Court has observed that, a magistrate shall consider maintainability of the application filed under Section 12 of the Protection of Women from Domestic Violence Act, if such a contention is raised by the opposite party.A party against whom a proceedings is initiated under Section 12 of the Act cannot approach the High court for quashing the proceedings …

Personal Presence Of Complainant Not Mandatory At The Time Of Filing When Party Is Represented By Advocate : Karnataka HC [Read Order]
4 years, 9 months ago

Personal Presence Of Complainant Not Mandatory At The Time Of Filing When Party Is Represented By Advocate : Karnataka HC [Read Order]

Live Law  

The Karnataka High Court has held that when a written complaint as contemplated by clause of sub section 1 of section 190 of Criminal Procedure Code is filed and when the complainant is represented by the advocate the courts of magistrate cannot insist upon presence of complainant at the time of filing of the complaint. A division bench of Chief …

Family Courts Can't Insist On Personal Presence Of Parties At The Time Of Filing Even For Mutual Consent Divorce : Karnataka HC [Read Order]
4 years, 9 months ago

Family Courts Can't Insist On Personal Presence Of Parties At The Time Of Filing Even For Mutual Consent Divorce : Karnataka HC [Read Order]

Live Law  

The Karnataka High Court has held that family courts cannot insist on the personal presence of parties at the time of presenting petitions before the family courts if they are represented by advocates acting as their authorised agent. A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty held : "Therefore, we hold that there is no …

DV Act Not Maintainable If Family Member Leave Shared Household To Establish Own Household : Karnataka HC [Read Order]
5 years, 3 months ago

DV Act Not Maintainable If Family Member Leave Shared Household To Establish Own Household : Karnataka HC [Read Order]

Live Law  

The Karnataka High Court has held that where a family member leaves the shared household to establish her own household, she cannot claim to have a right to move an application under Section 12 of the Domestic Violence Act. Court said : Domestic relationship arises in respect of an aggrieved person, if the aggrieved person has lived together with the …

Wrong Details Of Wife In Divorce Petition: Karnataka HC Overturns Divorce Decree Granted To Husband [Read Judgment]
5 years, 6 months ago

Wrong Details Of Wife In Divorce Petition: Karnataka HC Overturns Divorce Decree Granted To Husband [Read Judgment]

Live Law  

The Karnataka High Court has overturned a divorce decree granted ex-parte to a husband and remanded the matter back to the family court for fresh consideration, after it was found that husband gave wrong address details of the wife, so that she could not be called upon to file her reply to his divorce petition. The wife argued before the …

Telangana High Court clarifies on domestic violence
5 years, 10 months ago

Telangana High Court clarifies on domestic violence

Deccan Chronicle  

Hyderabad: The Telangana High Court clarified that a case under 498-A or an application under Section 12 of the Domestic Violence Act against the husband amounts to an abuse of process of law when the marriage between the parties has been declared as null and void. Justice Shameem Akther was dealing with a petition of retired Major Pankaj Rai, urging …

Once Divorce Is Granted, Relief Can't Be Sought Under Domestic Violence Act: Bombay HC [Read Judgment]
5 years, 11 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 …

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 …

Karnataka High Court rejects plea of woman driving husband to suicide
7 years, 3 months ago

Karnataka High Court rejects plea of woman driving husband to suicide

Deccan Chronicle  

Bengaluru: The Section 306 of the Indian Penal Code, which is abetment to suicide, is one of the most mentioned sections against married men in cases of women committing suicide following allegations of dowry harassment, domestic violence and others. In one such case, a 24-year-old woman had approached the High Court seeking to quash the entire proceedings registered against her …

Neglecting To Maintain Wife & Living With Another Woman Is ‘Domestic Violence’ To Wife: Karnataka HC [Read Order]
7 years, 7 months ago

Neglecting To Maintain Wife & Living With Another Woman Is ‘Domestic Violence’ To Wife: Karnataka HC [Read Order]

Live Law  

The obligation of the husband continues throughout the matrimonial life and the husband cannot get away with an excuse that for many years no request was made by the wife for the maintenance amount, the court said.The omission of the husband in neglecting to maintain the wife and living with another woman amounts ‘economic’ and ‘emotional’ abuse and wife is …

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