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

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

Live Law  

The Jammu and Kashmir High Court has held that a Magistrate can pass 'Residence order' under Domestic Violence Act even with regard to property situated outside State. Referring to Section 19,201 and 23 of the Act, the court observed that residence order can be passed with regard to property which is situated outside State, is not tenable. Act, there is nothing which debars the magistrate to pass such order with regard to property situated outside State. If it is held that magistrate cannot pass order with regard to property situated outside State, then very purpose of Act would be defeated."

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History of this topic

Domestic Violence Act Can Be Invoked For Past Domestic Relationships As Well: Jammu & Kashmir High Court
3 months, 2 weeks 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 …

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 …

Proceedings Initiated Under Domestic Violence Act Before Magistrate Cannot Be Transferred To Family Court: Kerala High Court
1 year, 7 months ago

Proceedings Initiated Under Domestic Violence Act Before Magistrate Cannot Be Transferred To Family Court: Kerala High Court

Live Law  

The Kerala High Court on Wednesday laid down that proceedings initiated under the Protection of Women from Domestic Violence Act, 2005 before a Judicial Magistrate of the First Class cannot be transferred to a Family Court. Act, no application under Section 12 pending before a Magistrate can be transferred to a Family Court," the Bench observed. Act by filing an …

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 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 …

Rajasthan HC Denies Protection To Married Lady In Live-In Relation By Relying On Allahabad HC's 'Social Fabric' Order
3 years, 7 months ago

Rajasthan HC Denies Protection To Married Lady In Live-In Relation By Relying On Allahabad HC's 'Social Fabric' Order

Live Law  

The Rajasthan High Court recently denied police protection to a married lady, who is in a live-in relationship with another man and who sought police protection against some private persons who are not happy with her relationship.The Bench of Justice Satish Kumar Sharma relied upon the recent order of the Allahabad High Court wherein the Court had dismissed the protection …

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 …

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 …

All Live-in Relationships Are Not Covered Under Provisions Of Domestic Violence Act: Bombay HC [Read Judgment]
6 years, 8 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 …

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