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 by his wife Sangita under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Judgment After examining Supreme Court's judgment in Juveria Abdul Majid Patni Vs. Atif Iqbal Mansoori and Another, Justice Patil noted- "There was ample evidence before the two Courts below to come to a plausible conclusion that though the decree of divorce was obtained in the year 2000, the Applicant and the Respondent no.1 had continued to cohabit in the same household. Besides, assuming for the sake of arguments that the marriage stood dissolved by the decree of divorce, still, as has been held in the case of Juveria Abdul Majid Patni, she would be entitled to file a proceeding under Section 12 of the DV Act in respect of the past domestic violence."

Divorce Case Daughter Act Decree Section 12 Sangita Dv Act  complaint  entitled  hc  continues  case  dv  divorce  jufgment  act  read  daughter  sangita  relief  decree  alleged  wife  husband  domestic

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 …

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 …

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 …

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 …

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 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 …

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 …

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 …

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 …

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, 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 …

Recovery Proceeding Under Domestic Violence Act Only An Ancillary Proceeding, Not A Bar To Subsequent Adjudication By Family Court: Kerala High Court
3 years, 11 months ago

Recovery Proceeding Under Domestic Violence Act Only An Ancillary Proceeding, Not A Bar To Subsequent Adjudication By Family Court: Kerala High Court

Live Law  

The Kerala High Court has held that recovery proceedings instituted under Section 20 of the Domestic Violence Act would not operate as a bar on a Family Court adjudication of the matter. The Court ruled that proceedings under the Domestic Violence Act were ancillary to the main inquiry of whether the woman faced domestic violence in the home. Laying stress …

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 …

Relief of Right to Residence to Woman Under Domestic Violence Law 'Relevant' in Civil Courts, Says SC
4 years, 5 months ago

Relief of Right to Residence to Woman Under Domestic Violence Law 'Relevant' in Civil Courts, Says SC

News 18  

In a significant verdict, the Supreme Court on Thursday held that the relief granting right to residence to a married woman under the domestic violence law by a criminal court is relevant and can be considered even in civil proceedings seeking her eviction from the matrimonial home. The top court, however, said, the interim order protecting the right to residence …

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 …

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 …

Denial Of Maintenance Is A Continuing Cause Of Action; Claim Not Time Barred After 3 Years : Delhi HC [Read Judgment]
6 years, 3 months ago

Denial Of Maintenance Is A Continuing Cause Of Action; Claim Not Time Barred After 3 Years : Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has held offence of domestic violence under Section 498A IPC has to be treated as a "continuing offence".The Court further held that the claim for maintenance was a "continuing cause of action", and wife was not barred from claim it under the Domestic Violence Act even after a period of three years.The judgment was delivered by …

If Woman Is Forced To Leave Company Of Husband Due To Assault, Harassment, It’s Neglect On Part Of Husband To Maintain Wife: Bombay HC [Read Judgment]
6 years, 4 months ago

If Woman Is Forced To Leave Company Of Husband Due To Assault, Harassment, It’s Neglect On Part Of Husband To Maintain Wife: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently upheld an order passed by the Sessions Court in Pune allowing an application for maintenance filed under Section 125 of the CrPC by one Chandrabhaga Borhade, nearly 50 years after her marriage with Babanrao Borhade took place.Justice Mridula Bhatkar dismissed the criminal revision application filed by Babanrao challenging Sessions Court’s order allowing. The Bombay High …

If Woman Is Forced To Leave Company Of Husband Due To Assault, Harassment, It’s Neglect On Part Of Husband To Maintain Wife: Bombay HC [Read Judgment]
6 years, 4 months ago

If Woman Is Forced To Leave Company Of Husband Due To Assault, Harassment, It’s Neglect On Part Of Husband To Maintain Wife: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently upheld an order passed by the Sessions Court in Pune allowing an application for maintenance filed under Section 125 of the CrPC by one Chandrabhaga Borhade, nearly 50 years after her marriage with Babanrao Borhade took place.Justice Mridula Bhatkar dismissed the criminal revision application filed by Babanrao challenging Sessions Court’s order allowing. The Bombay High …

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 …

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 …

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 …

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, 11 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, 11 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 …

Divorced Woman, Too, Can Seek Protection Under Domestic Violence Act: Kerala HC [Read Judgment]
8 years, 4 months ago

Divorced Woman, Too, Can Seek Protection Under Domestic Violence Act: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court in Bipin vs. Meera, has dealt with the question whether subsistence of the matrimonial relationship is the sine-qua-non for seeking reliefs under the Protection of Women from Domestic Violence Act, 2005.The petitioner husband, Bipin, married Meera in 2011 and a child was born to them. The Kerala High Court in Bipin vs. Meera, has dealt with …

Suspecting Wife’s Character Amounts To Cruelty, Valid Ground For Divorce: Bombay HC [Read Judgment]
8 years, 6 months ago

Suspecting Wife’s Character Amounts To Cruelty, Valid Ground For Divorce: Bombay HC [Read Judgment]

Live Law  

The Nagpur Bench of Bombay High Court in Vibha Goswami v. Arun Goswami, held that suspecting wife’s character, physically assaulting her and harassing her for coming home late after work amounts to cruelty and is a valid ground for divorce.The Bench comprising Justice Vasanti A. Naik and Justice Indra Jain granted the wife divorce on the ground of cruelty.The wife …

Suspecting Wife’s Character Amounts To Cruelty, Valid Ground For Divorce: Bombay HC [Read Judgment]
8 years, 6 months ago

Suspecting Wife’s Character Amounts To Cruelty, Valid Ground For Divorce: Bombay HC [Read Judgment]

Live Law  

The Nagpur Bench of Bombay High Court in Vibha Goswami v. Arun Goswami, held that suspecting wife’s character, physically assaulting her and harassing her for coming home late after work amounts to cruelty and is a valid ground for divorce.The Bench comprising Justice Vasanti A. Naik and Justice Indra Jain granted the wife divorce on the ground of cruelty.The wife …

Complaint under DV Act not maintainable after divorce; Punjab & Haryana HC [Read Judgment]
8 years, 9 months ago

Complaint under DV Act not maintainable after divorce; Punjab & Haryana HC [Read Judgment]

Live Law  

Once the domestic relationship came to an end after the decree of divorce the complaint under the Domestic Violence Act could not have been filed, the Court observed.The Punjab and Haryana High Court has held that a complaint under Domestic Violence Act is not maintainable after divorce and the domestic relationship between the aggrieved person and the respondent must be …

Complaint under DV Act not maintainable after divorce; Punjab & Haryana HC [Read Judgment]
8 years, 9 months ago

Complaint under DV Act not maintainable after divorce; Punjab & Haryana HC [Read Judgment]

Live Law  

Once the domestic relationship came to an end after the decree of divorce the complaint under the Domestic Violence Act could not have been filed, the Court observed.The Punjab and Haryana High Court has held that a complaint under Domestic Violence Act is not maintainable after divorce and the domestic relationship between the aggrieved person and the respondent must be …

Divorced women can’t file plaint under domestic violence Act: HC
8 years, 9 months ago

Divorced women can’t file plaint under domestic violence Act: HC

Hindustan Times  

The Punjab and Haryana high court has held that a complaint invoking provisions of the Protection of Women from Domestic Violence Act, 2005, filed by a divorced woman is not maintainable. The high court bench of justice Anita Chaudhary ruled that the provisions under the Act could only be invoked during a domestic relationship. In the meantime, a complaint under …

Unsuccessful divorce proceedings cannot adversely affect the maintainability of application filed under the Domestic Violence Act: SC
8 years, 11 months ago

Unsuccessful divorce proceedings cannot adversely affect the maintainability of application filed under the Domestic Violence Act: SC

Live Law  

The Supreme Court in Prakash Nagardas Dubal Shaha vs. Sou Meena Prakash Dubal Shahhas has held that unsuccessful divorce proceedings cannot adversely affect the maintainability of application filed under the Domestic Violence Act.Division Bench comprising of Justices Dipak Misra and Shiva Kirti Singh made this observation in an appeal filed by the Husband against the order of High Court which. …

Unsuccessful divorce proceedings cannot adversely affect the maintainability of application filed under the Domestic Violence Act: SC
8 years, 11 months ago

Unsuccessful divorce proceedings cannot adversely affect the maintainability of application filed under the Domestic Violence Act: SC

Live Law  

The Supreme Court in Prakash Nagardas Dubal Shaha vs. Sou Meena Prakash Dubal Shahhas has held that unsuccessful divorce proceedings cannot adversely affect the maintainability of application filed under the Domestic Violence Act.Division Bench comprising of Justices Dipak Misra and Shiva Kirti Singh made this observation in an appeal filed by the Husband against the order of High Court which. …

A wife can be ‘aggrieved person’ for the purpose of DV Act even after Judicial Separation: Supreme Court [Read Judgment]
9 years, 4 months ago

A wife can be ‘aggrieved person’ for the purpose of DV Act even after Judicial Separation: Supreme Court [Read Judgment]

Live Law  

The finding recorded by the courts below which have been concurred by the High Court that the parties having been judicial separated, the appellant wife has ceased to be an “aggrieved person” is wholly unsustainable, the Apex Court bench said.A lady who has been fighting to get her ‘Stridhan’ back, from her husband and relatives, finally gets relief from Supreme …

Woman living with a married man for 15 years: Bombay HC finds it is not a ‘live-in” and denies relief under Domestic Violence Act
9 years, 8 months ago

Woman living with a married man for 15 years: Bombay HC finds it is not a ‘live-in” and denies relief under Domestic Violence Act

Live Law  

The Bombay High Court has denied the relief under Protection of Women from Domestic Violence Act to a woman who was living with a married man for 15 years. The Additional Sessions Judge had ruled that the woman was in a "live-in relationship" with the married man and was entitled. The Additional Sessions Judge had ruled that the woman was …

Woman living with a married man for 15 years: Bombay HC finds it is not a ‘live-in” and denies relief under Domestic Violence Act
9 years, 8 months ago

Woman living with a married man for 15 years: Bombay HC finds it is not a ‘live-in” and denies relief under Domestic Violence Act

Live Law  

The Bombay High Court has denied the relief under Protection of Women from Domestic Violence Act to a woman who was living with a married man for 15 years. The Additional Sessions Judge had ruled that the woman was in a "live-in relationship" with the married man and was entitled. The Additional Sessions Judge had ruled that the woman was …

Akshay Kumar and Dimple Kapadia out of Anita Advani domestic violence case - IndiaTV News
9 years, 11 months ago

Akshay Kumar and Dimple Kapadia out of Anita Advani domestic violence case - IndiaTV News

India TV News  

Mumbai: In a relief to Rajesh Khanna's wife Dimple Kapadia, daughter Twinkle Khanna and son-in-law Akshay Kumar, the Bombay High Court today quashed a complaint of domestic violence lodged against them by the late actor's alleged live-in partner Anita Advani. Justice M L Tahaliyani allowed petitions filed by Dimple, Twinkle and Akshay seeking quashing of proceedings initiated against them by …

'Domestic Relationship' must for maintenance of action under Domestic Violence Act: Bombay High Court
10 years, 5 months ago

'Domestic Relationship' must for maintenance of action under Domestic Violence Act: Bombay High Court

Live Law  

The High Court of Bombay has held that "domestic relationship" is necessary for maintainability of action under the Domestic Violence Act. The case came to Court as, after her application under the Prevention of Women from Domestic Violence Act, 2005 was held not maintainable because she was not in any domestic relationship by the Court of Sessions at Greater Bombay, …

'Domestic Relationship' must for maintenance of action under Domestic Violence Act: Bombay High Court
10 years, 5 months ago

'Domestic Relationship' must for maintenance of action under Domestic Violence Act: Bombay High Court

Live Law  

The High Court of Bombay has held that "domestic relationship" is necessary for maintainability of action under the Domestic Violence Act. The case came to Court as, after her application under the Prevention of Women from Domestic Violence Act, 2005 was held not maintainable because she was not in any domestic relationship by the Court of Sessions at Greater Bombay, …

Amend law to protect women and children in live-in relationships: court
11 years, 4 months ago

Amend law to protect women and children in live-in relationships: court

The Hindu  

The Supreme Court has asked Parliament to bring in proper amendments to the Protection of Women from Domestic Violence Act, or enact a suitable legislation so that women and children born out of live-in relationships are protected, though those types of relationship might not be a relationship in the nature of a marriage. Radhakrishnan and Pinaki Chandra Ghose said: “Parliament …

Discover Related