Domestic Violence Act Can’t Be Invoked Simply For Claiming Maintenance, Says Bombay HC [Read Judgment]
6 years, 10 months ago

Domestic Violence Act Can’t Be Invoked Simply For Claiming Maintenance, Says Bombay HC [Read Judgment]

Live Law  

It is not every person who can invoke the jurisdiction of the Court under the 2005 Act, simply for claiming maintenance, as the purpose of the enactment is to protect rights of women who are victims of violence of any kind occurring within the family, the court said.The Bombay High Court has observed that the provisions of Domestic Violence Act cannot be invoked simply for claiming. The Bombay High Court has observed that the provisions of Domestic Violence Act cannot be invoked simply for claiming maintenance unless the party alleges an act of domestic violence and approach the court in the capacity as an “aggrieved person”. The family court, in this case, directed the husband to pay maintenance of Rs.2 lakh to the wife under Section 20 of the Protection of Women from Domestic Violence Act, 2005. It is not every person who can invoke the jurisdiction of the Court under the 2005 Act, simply for claiming maintenance, as the purpose of the enactment is to protect rights of women who are victims of violence of any kind occurring within the family.” The court finally remanded the matter to family court for it to decide the entitlement of maintenance of the wife under Section 20 of the Domestic Violence Act.

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History of this topic

Woman's Plea For Right To Shared Household Maintainable Even In Absence Of Domestic Violence: Delhi High Court
1 month ago

Woman's Plea For Right To Shared Household Maintainable Even In Absence Of Domestic Violence: Delhi High Court

Live Law  

The Delhi High Court has observed that a woman's claim seeking right to shared household under Section 17 of the Protection of Women from Domestic Violence Act 2005 is valid even in the absence of domestic violence. Justice Neena Bansal Krishna thus ruled that an application/complaint under Section 12 of the Act before the Magistrate is maintainable even if there …

DV Act | Husband's Relatives Who Don't Even Live In Shared Household Are Implicated In Cases For Harassment: Allahabad HC
1 month, 4 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 …

Interim Maintenance Order Can Be Granted Merely On Satisfaction That Wife's Application Prima Facie Discloses Domestic Violence: Delhi High Court
2 months, 2 weeks ago

Interim Maintenance Order Can Be Granted Merely On Satisfaction That Wife's Application Prima Facie Discloses Domestic Violence: Delhi High Court

Live Law  

The Delhi High Court has recently observed that an order for interim maintenance can be granted merely upon the satisfaction of the Court that the application by the wife prima facie disclosed the commission of domestic violence. “While the veracity of the case of the wife would be tested during the course of trial, interim relief can be granted merely …

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

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

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates
8 months ago

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates

Live Law  

In a recent judgment, the High Court of Andhra Pradesh addressed the issue of interim maintenance in a domestic violence case, emphasizing the importance of granting maintenance from the date of application. Relying on the judgment of the Supreme Court's decision in Rajnesh v. Neha, which recommended granting maintenance from the date of application in all cases to ensure justice …

Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide
11 months ago

Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide

Live Law  

The Supreme Court admitted a petition raising an important question of whether the compensation awarded to the victim of domestic violence should be commensurate with the degree of domestic violence suffered or the financial status of the guilty party. In 2017, the respondent had filed an application under the Protection of Women from Domestic Violence Act before the Trial Court. …

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

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 …

Domestic Violence Act Doesn't Provide Windfalls, Concrete Evidence Regarding Income Needed For Fair Assessment Of Maintenance: J&K High Court
1 year, 3 months ago

Domestic Violence Act Doesn't Provide Windfalls, Concrete Evidence Regarding Income Needed For Fair Assessment Of Maintenance: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that concrete evidence regarding the salary amount of the husband must be made known to the trial court so that it can pass a direction for a specific amount of maintenance payable by the husband under the Domestic Violence Act. Emphasising the need for concrete evidence of the husband's salary …

Maintenance Under Domestic Violence Act Should Uplift Victims, Not Send Aggressors to Jail: Delhi HC
1 year, 3 months ago

Maintenance Under Domestic Violence Act Should Uplift Victims, Not Send Aggressors to Jail: Delhi HC

News 18  

In a recent ruling, the Delhi High Court stressed that the purpose of maintenance under the Protection of Women from the Domestic Violence Act is to uplift victims rather than imprison those failing to pay maintenance. The court made this observation while determining that individuals cannot be summoned under Section 31 of the DV Act for non-compliance with maintenance orders …

Person Can't Be Summoned For Non-Compliance Of Maintenance Order Under Section 31 Of Domestic Violence Act: Delhi High Court
1 year, 3 months ago

Person Can't Be Summoned For Non-Compliance Of Maintenance Order Under Section 31 Of Domestic Violence Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that a person cannot be summoned under Section 31 of the Protection of Women from Domestic Violence Act, 2005, for non-compliance of an order for payment of maintenance. Justice Swarana Kanta Sharma observed that the focus of the enactment is on providing immediate and effective relief to victims of domestic violence by way of …

Rejection Of Wife's Maintenance Claim U/S 125 CrPC Doesn't Bar Her From Seeking Maintenance Under Domestic Violence Act: MP High Court
1 year, 4 months ago

Rejection Of Wife's Maintenance Claim U/S 125 CrPC Doesn't Bar Her From Seeking Maintenance Under Domestic Violence Act: MP High Court

Live Law  

Madhya Pradesh High Court has recently laid down in unequivocal terms that the findings of a family court made in a maintenance application under Section 125 CrPC would have no binding effect on a court considering a case under the Prevention of Women From Domestic Violence Act, 2005. In Gyan Singh, the findings given in a proceeding under the Domestic …

Muslim Woman Entitled to Maintenance under Domestic Violence Act Even after Divorce: Bombay High Court
1 year, 9 months ago

Muslim Woman Entitled to Maintenance under Domestic Violence Act Even after Divorce: Bombay High Court

News 18  

The Bombay High Court last week held that even after divorce, a Muslim woman can seek maintenance and protection under the Protection of Women from Domestic Violence Act, 2005. The court was hearing a criminal revision application filed by the husband against the order dated November 17, 2021, passed by Sessions Judge Akola, dismissing the appeal filed by him and …

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 …

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 …

Courts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act : Supreme Court
2 years, 1 month ago

Courts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act : Supreme Court

Live Law  

The Supreme Court recently set aside a condition imposed by the Delhi High Court which had allowed a victim of domestic violence to lead evidence during trial subject to payment of Rs.20,000 per witness. “In a complaint filed under the Protection of women from Domestic Violence Act, 2005, it is not open to the Court to impose such onerous conditions …

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 …

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, 2 months 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 …

‘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 …

Woman Married To Gay Man 'Aggrieved Person' Under DV Act, Mumbai Court Upholds Order On Grant Of Maintenance To Wife
2 years, 3 months ago

Woman Married To Gay Man 'Aggrieved Person' Under DV Act, Mumbai Court Upholds Order On Grant Of Maintenance To Wife

Live Law  

Observing that the term 'aggrieved person' under the Domestic Violence Act wouldn't just include a woman who suffers physical abuse but also sexual, verbal and emotional abuse, a sessions court upheld an order directing a 'gay' man to pay maintenance to his estranged wife. "Considering the tenor of Section 3 of the Domestic Violence Act it can be clearly inferred …

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 …

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, 9 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 …

Domestic Violence Act - Legal Representative Cannot Seek Monetary Reliefs On Behalf Of Deceased Woman : Bombay High Court
3 years, 2 months ago

Domestic Violence Act - Legal Representative Cannot Seek Monetary Reliefs On Behalf Of Deceased Woman : Bombay High Court

Live Law  

The Bombay High Court has ruled that an aggrieved person, as defined under the Protection of Women from Domestic Violence Act, "must be alive at the time of filing of the petition", and someone cannot file an application for monetary reliefs under the act after her demise. The court also observed that the meaning of the word "aggrieved person" has …

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 …

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 …

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 …

Mere Fleeting Or Casual Living At Different Places Does Not Make A 'Shared Household' U/s 2(s) Domestic Violence Act: SC [Read Judgment]
4 years, 5 months ago

Mere Fleeting Or Casual Living At Different Places Does Not Make A 'Shared Household' U/s 2(s) Domestic Violence Act: SC [Read Judgment]

Live Law  

While overruling the 2006 SR Batra judgment which had adopted restrictive interpretation of 'shared household', the Supreme Court has clarified that the 'shared household' under Section 2 of Domestic Violence Act means the shared household of aggrieved person where she was living at the time when application was filed or in the recent past had been excluded from the use …

[Domestic Violence Act] Wife Entitled To Claim Right Of Residence Which Belongs To Relatives Of Husband Also: SC Overrules Its 2006 'SR Batra' Judgment [Read Judgment]
4 years, 5 months ago

[Domestic Violence Act] Wife Entitled To Claim Right Of Residence Which Belongs To Relatives Of Husband Also: SC Overrules Its 2006 'SR Batra' Judgment [Read Judgment]

Live Law  

A wife is also entitled to claim a right to residence in a shared household belonging to relatives of the husband, the Supreme Court has held on Thursday in an important judgment overruling the 2006 judgment in S.R. : Whether definition of shared household under Section 2 of the Protection of Women from Domestic Violence Act, 2005 has to be …

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 …

Domestic Violence: Court Has To Be Prima Facie Satisfied That There Have Been Instances Of Violence Before Issuing Notice In Complaint: SC [Read Judgment]
5 years, 2 months ago

Domestic Violence: Court Has To Be Prima Facie Satisfied That There Have Been Instances Of Violence Before Issuing Notice In Complaint: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, before issuing notice in a complaint alleging Domestic Violence, the court has to be prima facie satisfied that there have been instances of domestic violence.In this case, a wife had made allegations of domestic violence against fourteen persons, including her husband and his parents. The Supreme Court has observed that, before issuing notice in …

Relief Under Domestic Violence Act Can Be Sought Even After Obtaining A Maintenance Order U/s 125 CrPC: SC [Read Order]
5 years, 7 months ago

Relief Under Domestic Violence Act Can Be Sought Even After Obtaining A Maintenance Order U/s 125 CrPC: SC [Read Order]

Live Law  

The Supreme Court has observed that mere passing of a 'maintenance' order under Section 125 of the Code of Criminal Procedure does not bar an 'aggrieved person' from seeking appropriate reliefs under the Protection of Women from Domestic Violence Act, 2005.The bench comprising Justice Dhananjaya Y. Chandrachud and Justice Indira Banerjee dismissed a special leave petition against a Delhi. The …

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 …

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, 11 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 …

Wife Entitled To 'Residence Order' Only If She Establishes Domestic Violence: SC [Read Order]
6 years, 2 months 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 …

Domestic Violence Act Can’t Be Invoked Simply For Claiming Maintenance, Says Bombay HC [Read Judgment]
6 years, 10 months ago

Domestic Violence Act Can’t Be Invoked Simply For Claiming Maintenance, Says Bombay HC [Read Judgment]

Live Law  

It is not every person who can invoke the jurisdiction of the Court under the 2005 Act, simply for claiming maintenance, as the purpose of the enactment is to protect rights of women who are victims of violence of any kind occurring within the family, the court said.The Bombay High Court has observed that the provisions of Domestic Violence Act …

Woman Has Right To Residence In Matrimonial Home, Irrespective Of Whether She Has Any Proprietary Right: Bombay HC [Read Judgment]
7 years, 5 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 …

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 …

Wife Paying Maintenance To An Able Bodied Husband Would Promote “Idleness”: Kerala HC [Read Judgment]
7 years, 10 months ago

Wife Paying Maintenance To An Able Bodied Husband Would Promote “Idleness”: Kerala HC [Read Judgment]

Live Law  

The High Court of Kerala recently quashed a husband’s claim for maintenance, observing that maintenance under Section 24 of the Hindu Marriage Act is to be paid to the husband only when he is able to prove any incapability or handicap.The Bench comprising Justice A.M. Shaffique and Justice K. Ramakrishnan further observed that in the absence of such circumstances, endowing …

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