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 the Domestic Violence Act was also filed by her against the petitioner and his family members. However, the court ruled that the domestic relationship between the aggrieved person and the respondent must be “present and alive” at the time when the complaint under the Act was filed.

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History of this topic

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents
3 weeks, 5 days ago

Punjab & Haryana HC Upholds Husband's Divorce Decree Against Wife Who Forced Him To Live Separately From His Parents

Live Law  

The Punjab & Haryana High Court upheld the divorce decree granted to the husband against wife for committing cruelty on the ground that she insulted and pressurised her husband to get separated from his family. The Family Court had granted divorce on the ground that the wife had committed cruelty against husband by pressurizing him to get separated from his …

Woman's Plea For Right To Shared Household Maintainable Even In Absence Of Domestic Violence: Delhi High Court
3 weeks, 5 days 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 …

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 …

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court
1 month, 2 weeks ago

S.498A IPC | When Family Relations Are Sought To Be Brought Under Criminal Proceedings, Courts Should Be Cautious : Supreme Court

Live Law  

The Supreme Court, while quashing criminal charges of cruelty, dowry demand and domestic violence against the present appellants, highlighted that invoking criminal laws in domestic disputes without specific allegations and credible materials may have disastrous consequences for families. Thus, when family relationships are sought to be brought within the ambit of criminal proceedings rupturing the family bond, courts should be …

DV Act | Husband's Relatives Who Don't Even Live In Shared Household Are Implicated In Cases For Harassment: Allahabad HC
1 month, 3 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 …

Domestic violence has no gender: Why husbands need legal protection too
2 months ago

Domestic violence has no gender: Why husbands need legal protection too

New Indian Express  

What happens when the law becomes a tool for extortion? However, wives can claim maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 and monetary relief under the Protection of Women from Domestic Violence Act, of 2005 even without seeking divorce. Consequently, there is no equivalent legal protection for husbands against domestic violence and to claim maintenance …

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court
2 months ago

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held that order passed by the Supreme Court expediting divorce proceedings cannot be a ground to deprive the wife of her right to contest divorce proceedings. Subsequently, appellant-wife approached the Supreme Court seeking transfer of proceedings to Kanpur Nagar, UP, which was allowed with an observation “to make all endeavour to dispose of the …

Living Together In Shared Household In A Relationship 'In Nature Of Marriage' Also Domestic Relationship Under DV Act: Delhi High Court
2 months, 1 week 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
3 months, 3 weeks ago

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

Hindustan Times  

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

High Court Allows Inherent Power Under Section 482 CrPC in Domestic Violence Proceedings
4 months, 3 weeks ago

High Court Allows Inherent Power Under Section 482 CrPC in Domestic Violence Proceedings

Live Law  

The Punjab & Haryana High Court has made it clear that the Court can exercise its inherent power under Section 482 CrPC in domestic violence proceedings. The court considered a question regarding the applicability of Section 482 CrPC on proceedings under the Domestic Violence (DV) Act and concluded that Section 482 CrPC is applicable in such cases.

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
6 months, 1 week ago

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court

Live Law  

The Allahabad High Court has held that under Section 10 of the Hindu Marriage Act, 1955 if no cohabitation occurs between the parties in the year after the decree of restitution of conjugal rights or decree of judicial separation, the decree of separation would be upheld. Subsequently, in 2006, the case instituted by the respondent-husband was dismissed and the decree …

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 …

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost
8 months, 2 weeks ago

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost

Firstpost  

The Supreme Court said a divorced Muslim woman can file a claim for maintenance under Section 125 of the Criminal Procedure Code against her former husband A divorced Muslim woman can now seek alimony from her husband by filing a claim for maintenance under Section 125 of the Criminal Procedure Code, the Supreme Court of India ruled on Wednesday. A …

Divorced Muslim women can seek maintenance from husband, rules Supreme Court
8 months, 2 weeks ago

Divorced Muslim women can seek maintenance from husband, rules Supreme Court

Hindustan Times  

The Supreme Court on Wednesday ruled that a divorced Muslim woman is entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code, adding that the Muslim Women Act, 1986, will not prevail over the secular law. A bench of Justices BV Nagarathna and Justice Augustine George Masih pronounced the judgments upholding a Muslim woman's right …

[Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court
8 months, 3 weeks ago

[Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court

Live Law  

The Allahabad High Court has held that amendments and additional reliefs permissible under Section 12 of the Protection of Women from Domestic Violence Act, 2005, would be maintainable in the form of a fresh application under Section 23 of the Protection of Women from Domestic Violence Act, 2005. Thus, she filed an application under Section 12 read with Section 23 …

Remedies Sought Under Domestic Violence Act Of Civil Nature, Amendment To Application U/S 12 Are Allowed: Allahabad High Court
9 months, 3 weeks ago

Remedies Sought Under Domestic Violence Act Of Civil Nature, Amendment To Application U/S 12 Are Allowed: Allahabad High Court

Live Law  

The Allahabad High Court has held that proceedings under Chapter IV of the Domestic Violence Act, 2005 are civil in nature and amendments to applications made to the Magistrate under Section 12 of the Act are allowed to be made. The Court relied on the decision of the Supreme Court in Kunapareddy Alias Nookala Shanka Balaji v. Kunapareddy Swarna Kumari …

Should Compensation In Domestic Violence Cases Be Proportionate To Degree Of Offence Or Financial Status Of Offender? Supreme Court To Decide
10 months, 3 weeks 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. …

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court
11 months, 3 weeks ago

S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court

Live Law  

The Allahabad High Court has held that divorce petition cannot be dismissed under Section 23 of the Hindu Marriage Act, 1955 if acts of cruelty which were once condoned by the spouse are repeated. Since the wife had continued her relationship outside of marriage, the Court held that there was cause of action for filing the divorce petition. Section 23 …

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 …

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 …

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 …

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 …

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

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

Live Law  

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

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 …

Need for change in mindset for better implementation of Domestic Violence Act: women’s panel chief
2 years ago

Need for change in mindset for better implementation of Domestic Violence Act: women’s panel chief

The Hindu  

Kerala Women’s Commission chairperson P. Satheedevi has called for change in public mindset to ensure that the Protection of Women from Domestic Violence Act, 2005, does not remain on paper and is implemented effectively. She was speaking after inaugurating a seminar on Protection of Women from Domestic Violence Act, 2005-possibilities and limitations’ for women protection officers and service providers from …

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

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

News 18  

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

‘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 …

Live-in relationships covered under domestic violence Act: Kiren Rijiju
2 years, 3 months ago

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

The Hindu  

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

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

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

Live Law  

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

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

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

News 18  

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

Over 4 lakh cases pending under Domestic Violence Act, Supreme Court told
2 years, 6 months ago

Over 4 lakh cases pending under Domestic Violence Act, Supreme Court told

India Today  

A total of 4,71, 684 original cases and 21,088 appeals are pending under the Domestic Violence Act in the county, according to the data submitted by the National Legal Services Authority before the Supreme Court. COURT ASKS DETAILS OF CASES The submissions have been made in a plea filed by NGO ‘ We the Women’ seeking directions for implementation of …

Whether Proceeding U/S 12 Domestic Violence Act Can Be Challenged Under Article 227 Constitution/ S.482 CrPC? Madras HC Refers Issue To Larger Bench
2 years, 7 months ago

Whether Proceeding U/S 12 Domestic Violence Act Can Be Challenged Under Article 227 Constitution/ S.482 CrPC? Madras HC Refers Issue To Larger Bench

Live Law  

A single judge of the Madras High Court recently referred to a larger bench, the question regarding the applicability of provisions of Section 482 CrPC and/or Article 227 of the Constitution for quashing an application under Section 12 of the Domestic Violence Act. Justice Sathish Kumar observed that the recent division bench order that ruled that proceedings under the Domestic …

Decree Of Permanent Alimony & Maintenance Can't Be Executed In Absence Of Husband's Assets: Punjab & Haryana High Court
2 years, 7 months ago

Decree Of Permanent Alimony & Maintenance Can't Be Executed In Absence Of Husband's Assets: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently upheld lower court's decision dismissing the execution petition of decree holder-wife as unsatisfied, due to the fact that she could not bring on record the properties or assets owned by the judgement-debtor/husband. The bench comprising Justice Alka Sarin further added that even before this Court, the counsel for the decree-holder/wife has not been …

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 …

'Domestic Incident Report' (DIR) Not Mandatory For Adjudicating Matters U/S 12 Of Domestic Violence Act 2005: Allahabad HC
2 years, 8 months ago

'Domestic Incident Report' (DIR) Not Mandatory For Adjudicating Matters U/S 12 Of Domestic Violence Act 2005: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that a Magistrate can take cognizance of the complaint or application filed by the aggrieved person and issue notice to the respondent under Section 12 of the D.V. The bench of Justice Rajeev Singh referred to the recent ruling of the Supreme Court in the case of Prabha Tyagi vs Kamlesh Devi 2022 …

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 …

Magistrate Can Decide Validity Of Talaq In Wife's Petition Under DV Act If Husband Disputes Their Marital Status: Kerala High Court
2 years, 10 months ago

Magistrate Can Decide Validity Of Talaq In Wife's Petition Under DV Act If Husband Disputes Their Marital Status: Kerala High Court

Live Law  

The Kerala High Court has ruled that a Magistrate is empowered to decide the pela of talaq raised by the husband in his wife's petition filed under the Domestic Violence Act if he disputes their marital status on that ground. Justice Kauser Edappagath thereby allowed a criminal revision petition holding that the finding of the appellate court that the Magistrate …

Domestic Inquiry Report Not Compulsory For Initiating Proceeding U/S 12 Domestic Violence Act: Gauhati High Court
2 years, 10 months ago

Domestic Inquiry Report Not Compulsory For Initiating Proceeding U/S 12 Domestic Violence Act: Gauhati High Court

Live Law  

Gauhati High Court has recently observed that Domestic Inquiry Report is not compulsory for initiating proceeding under Section 12 of Protection of Women from Domestic Violence Act 2005. Justice Rumi Kumari Phukan observed that whether such domestic violence was inflicted upon the respondent no.2/wife, is not a subject matter of trial and such matter cannot be decided in such petition: …

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