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. 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. The order of Sessions Court reversing the findings of the Magistrate on the ground that the wife had initiated divorce proceedings at an earlier point of time, the Protection of Women from Domestic Violence Act which came into force only later in 2005 was wrongly invoked by the wife, was also set aside by the High Court. Supreme Court said that it finds no reason to interfere with High Court findings and unsuccessful divorce proceedings cannot adversely affect the maintainability of application filed under 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 …

Hindu Marriage Act | No Bar On Joint Petition For Nullity Of Marriage And Divorce: Gujarat High Court
1 month, 3 weeks ago

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

Live Law  

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

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court
2 months, 1 week 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, 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 …

Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court
Trending News
2 months, 3 weeks ago

Wife Filing False Case Against Husband, In-Laws To Correct His Behaviour Is Cruelty, Not Acceptable In Marital Relations: Bombay High Court

Live Law  

A wife filing a false complaint against her husband just for correcting his behaviour would not find place in harmonious relations a married couple would maintain normally and the same will amount to cruelty, the Bombay High Court held recently. A division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, …

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court
2 months, 3 weeks ago

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court

Live Law  

The Madhya Pradesh High Court has made it clear that even though a Muslim man has no way to seek divorce under the Dissolution of Muslim Marriages Act, 1939, he is not rendered remediless in law and he can seek recourse under Section 7 of the Family Court Act, 1984 to seek divorce from his wife. The counsel further submitted …

Madras High Court restrains U.S. citizen from proceeding with divorce plea filed in Washington
3 months, 1 week ago

Madras High Court restrains U.S. citizen from proceeding with divorce plea filed in Washington

The Hindu  

The Madras High Court has restrained an American citizen from proceeding with a divorce case filed by her before the King County Superior Court in Washington, United States, and also from initiating any kind of legal proceedings related to her marriage before the courts in Singapore. The alleged adulterer was also made one of the respondents to the divorce petition …

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 …

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 …

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, 2 weeks 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 …

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC
6 months, 3 weeks ago

Long Separation Coupled With Criminal Prosecution Without Any Desire To Retrieve Relationship Shows Irretrievable Breakdown Of Marriage: Allahabad HC

Live Law  

The Allahabad High Court has held that long separation coupled with criminal prosecution and harsh words without any desire to retrieve the matrimonial relationship shows an irretrievable breakdown of marriage. While dealing with a matrimonial case of 21 years of separation, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh held “Desertion suffered over long years in …

Irretrievable Breakdown Of Marriage Can't Be Used To Advantage Of Party Responsible For Collapse Of Marriage : Supreme Court
7 months ago

Irretrievable Breakdown Of Marriage Can't Be Used To Advantage Of Party Responsible For Collapse Of Marriage : Supreme Court

Live Law  

In a recent case, the Supreme Court expressed dismay over the mechanical approach adopted by the Family Court in granting a divorce decree against the wife despite no fault being attributed to her. Consequently, a divorce petition was filed by the husband on the ground of cruelty which was decreed by the family court against the wife, following which on …

Past Cohabitation Sufficient To Establish Domestic Relationship Under Domestic Violence Act: J&K High Court
7 months, 4 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 …

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates
8 months, 1 week 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 …

Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024
8 months, 3 weeks ago

Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024

Live Law  

NOMINAL INDEX State Of U.P. India's Majority Population Would Be In Minority One Day If Conversions In Religious Congregations Not Stopped: Allahabad HC Case title – Kailash vs state of UP 2024 LiveLaw 415 Case citation: 2024 LiveLaw 415 The Allahabad High Court observed that if the current trend of conversions during religious congregations is permitted to continue, the majority …

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, 4 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, 5 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, 5 months ago

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

Live Law  

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

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

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

Live Law  

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

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 …

A good divorce: The Hindu Editorial on the Supreme Court of India’s ruling
1 year, 11 months ago

A good divorce: The Hindu Editorial on the Supreme Court of India’s ruling

The Hindu  

Not all marriages are happy, and not all divorces are unhappy. Leaning on the “guiding spirit” of Article 142 of the Constitution to do “complete justice” in any “cause or matter”, a Constitution Bench said it could use this extraordinary discretionary power to grant divorce by mutual consent to couples trapped in bitter marriages. It also aims to spare couples …

SC verdict likely on May 1 on dissolution of marriage without referring to courts
1 year, 11 months ago

SC verdict likely on May 1 on dissolution of marriage without referring to courts

Deccan Chronicle  

New Delhi: The Supreme Court will likely pronounce on May 1 its verdict on broad parameters for exercising its vast powers under Article 142 of the Constitution to dissolve marriages between consenting couples without referring them to family courts. One of the questions, which has been referred to it is what could be the broad parameters for the exercise of …

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, 2 months ago

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

Hindustan Times  

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

Protection Under Domestic Violence Act Not Available To Husband Or Male Member Of Family: Delhi High Court Stays Case Filed By Husband Against Wife
2 years, 2 months 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 …

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 …

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce
2 years, 4 months ago

Wife Who Filed Three Criminal Cases Against Husband Fully Aware Of Legal Procedure, Cannot Claim Ignorance: Bombay HC Upholds Divorce

Live Law  

Observing that a woman who filed three criminal cases against her husband would be fully aware of the legal procedure, the Bombay High Court refused to set aside a divorce decree granted by the Family Court owing to her non-appearance. "The Appellant had knowledge of the legal procedure, having filed three criminal cases," the High Court bench observed, adding that …

Domestic Violence Act proceedings are basically civil in nature, rules Madras HC
2 years, 8 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 …

Limitation Period U/S 468 CrPC Not Applicable To Application U/S 12 Domestic Violence Act : Supreme Court
2 years, 11 months ago

Limitation Period U/S 468 CrPC Not Applicable To Application U/S 12 Domestic Violence Act : Supreme Court

Live Law  

The Supreme Court has held that the limitation period prescribed under Section 468 of the Code of Criminal Procedure is not applicable for the filing of an application by an aggrieved woman under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The Supreme Court held as erroneous a judgment of the Madras High Court which held …

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts
3 years, 3 months ago

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts

Live Law  

As the year 2021 is coming to an end, LiveLaw brings to you an yearly Round-up of important updates in the subject of Family Law from the Supreme Court and various High Courts. Unequal Treatment Of Wives A Valid Ground For Divorce For Muslim Women: Kerala High Court A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas …

Civil Appeal May Be Filed Against Family Court's Order Under Domestic Violence Act: Bombay High Court
4 years, 1 month 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 …

Wife Not Entitled To Maintenance If Allegation Of Adultery Is Proved Against Her: Bombay HC [Read Order]
5 years, 3 months ago

Wife Not Entitled To Maintenance If Allegation Of Adultery Is Proved Against Her: Bombay HC [Read Order]

Live Law  

The Bombay High Court has held that if allegations of adultery are proved against the wife in a marriage, she is not entitled to maintenance Justice NW Sambre was hearing two criminal writ petitions filed by one Sanjivani Kondalkar who challenged a judgment of the Additional Sessions Judge, Sangli allowing a revision application filed by the petitioner's husband seeking cancellation …

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 …

Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably: SC [Read Judgment]
5 years, 5 months ago

Inherent Powers Under Article 142 Can Be Invoked To Dissolve Marriage Which Has Broken Down Irretrievably: SC [Read Judgment]

Live Law  

The Supreme Court observed that it can exercise its inherent powers under Article 142 of the Constitution of India for dissolution of a marriage where it finds that the marriage is totally unworkable, emotionally dead, beyond salvage and has broken down irretrievably, even if the facts of the case do not provide a ground in law on which the divorce …

Divorce Can Not Be Granted Only On Ground of Irretrievable Breakdown of Marriage: Delhi HC [Read Judgment]
5 years, 8 months ago

Divorce Can Not Be Granted Only On Ground of Irretrievable Breakdown of Marriage: Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has held that irretrievable breakdown of marriage alone cannot be a ground of divorce and can only be considered as a circumstance by the Court if it is merged with cruelty. Moreover the Family Court observing that the marriage was dead for all purposes since they had been living separately, ordered it to be dissolved, for …

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 …

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 …

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]
6 years, 7 months ago

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]

Live Law  

‘Where the complainant approaches with a case that there has been a divorce long back i.e. four years ago before filing of the FIR, section 498A of IPC in terms would not be attracted.’The Supreme Court has held that prosecution under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is …

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]
6 years, 7 months ago

Prosecution U/s 498A IPC And Dowry Prohibition Act Not Sustainable When The Complaint Is Filed Long After Divorce: SC [Read Order]

Live Law  

‘Where the complainant approaches with a case that there has been a divorce long back i.e. four years ago before filing of the FIR, section 498A of IPC in terms would not be attracted.’The Supreme Court has held that prosecution under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, is …

Woman Governed By Muslim Personal Law Can Invoke Provisions of Domestic Violence Act and Seek Relief: Bombay HC [Read Judgment]
6 years, 10 months ago

Woman Governed By Muslim Personal Law Can Invoke Provisions of Domestic Violence Act and Seek Relief: Bombay HC [Read Judgment]

Live Law  

In a significant judgment, the Bombay High Court has held that merely because parties are governed by the Muslim Personal Law, it should not be an impediment in the wife invoking provisions of the Domestic Violence Act.Justice Bharati Dangre also held there is no embargo on a court to grant relief to a woman who is an “aggrieved person” within …

Woman Governed By Muslim Personal Law Can Invoke Provisions of Domestic Violence Act and Seek Relief: Bombay HC [Read Judgment]
6 years, 10 months ago

Woman Governed By Muslim Personal Law Can Invoke Provisions of Domestic Violence Act and Seek Relief: Bombay HC [Read Judgment]

Live Law  

In a significant judgment, the Bombay High Court has held that merely because parties are governed by the Muslim Personal Law, it should not be an impediment in the wife invoking provisions of the Domestic Violence Act.Justice Bharati Dangre also held there is no embargo on a court to grant relief to a woman who is an “aggrieved person” within …

Domestic Violence Act for divorced women too: Supreme Court
6 years, 10 months ago

Domestic Violence Act for divorced women too: Supreme Court

The Hindu  

The Domestic Violence Act — meant to punish men who abuse women in a relationship — extends to all man-woman relationships, and also protects divorced women from their former husbands, the Supreme Court has upheld. A three-judge Bench of Justices Ranjan Gogoi, R. Banumathi and Naveen Sinha confirmed a Rajasthan High Court ruling of 2013 that the term ‘domestic violence’ …

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