Articles for Domestic Violence Act

Karnataka High Court Half Yearly Digest [July 2024 To December 2024]
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2 months, 2 weeks ago

Karnataka High Court Half Yearly Digest [July 2024 To December 2024]

Live Law  

Citations: 2024 LiveLaw 291 To 2024 LiveLaw 532 Nominal Index: ABC AND State of Karnataka & ANR. A single judge bench of Justice M Nagaprasanna while dismissing the petition filed by Roopesha and Sadananda said “Boys and girls are in the same classroom, if they talk to each other or become friends, it is ununderstandable as to how such acts …

Society Karnataka Justice High Court Court Civil Procedure Trial Court
Jammu & Kashmir And Ladakh High Court Annual Digest: Part II Citation [ 175 - 356]
2 months, 2 weeks ago

Jammu & Kashmir And Ladakh High Court Annual Digest: Part II Citation [ 175 - 356]

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Judgments/Orders: Employer Not Obligated To 'Launch Manhunt Across Globe For Absconding Employees': J&K High Court Upholds Dismissal Of CRPF Constable Case Title: MOHAMMAD SHAHBAZ MIR VS UNION OF INDIA. S.143A NI Act | Application Of Mind, Consideration Of Certain Factors By Magistrate Essential To Decide Quantum Of Interim Compensation: J&K High Court Case Title: MUJEEB UL ASHRAF DAR Vs MUSHTAQ …

India High Court Writ Jurisdiction Family Courts Court Citation Criminal Procedure
Domestic Violence Act Cases Have No Penal Consequence Except For Breach Of Protection Order: Supreme Court Criticises Issuance Of Bailable Warrants
2 months, 2 weeks ago

Domestic Violence Act Cases Have No Penal Consequence Except For Breach Of Protection Order: Supreme Court Criticises Issuance Of Bailable Warrants

Live Law  

The Supreme Court criticized the issuance of bailable warrant by a Magistrate in a cases under the Protection of Women from Domestic Violence Act, 2005 The Court remarked that there is no justification for issuing bailable warrants in cases under the Domestic Violence Act as they are quasi-criminal proceedings and do not carry penal consequences unless a protection order is …

Court Act Protection Order Petitioner Warrants Domestic Violence Act Bailable Warrants
Allahabad High Court Annual Digest 2024 [Part I]
2 months, 4 weeks ago

Allahabad High Court Annual Digest 2024 [Part I]

Live Law  

Citations 2024 LiveLaw 1 – 2024 LiveLaw 390: UP Victim Compensation Scheme 2014 | Eligibility/ Quantum Of Compensation For Rape Victims To Be Decided By DLSA, Not Court: Allahabad HC Case Title: Ramesh Alias Mehandi Hasan vs. State Of U.P. The bench comprising of Justice Alok Mathur held, “Considering the aforesaid judgments and also nature of the work involved in …

India Justice Supreme Court High Court Court Uttar Pradesh Compassionate Appointment
Allahabad High Court Annual Digest 2024 [Part I]
2 months, 4 weeks ago

Allahabad High Court Annual Digest 2024 [Part I]

Live Law  

Citations 2024 LiveLaw 1 – 2024 LiveLaw 390: UP Victim Compensation Scheme 2014 | Eligibility/ Quantum Of Compensation For Rape Victims To Be Decided By DLSA, Not Court: Allahabad HC Case Title: Ramesh Alias Mehandi Hasan vs. State Of U.P. The bench comprising of Justice Alok Mathur held, “Considering the aforesaid judgments and also nature of the work involved in …

India Justice Supreme Court High Court Uttar Pradesh Compassionate Appointment Hindu Marriage Act
Bengaluru techie suicide case: Does domestic violence include mental abuse? What Indian law says
3 months, 2 weeks ago

Bengaluru techie suicide case: Does domestic violence include mental abuse? What Indian law says

India TV News  

The Bengaluru techie suicide case has shaken the conscience of the nation. The heartwrenching suicide incident, in which an AI engineer and deputy manager of a private company in Bengaluru, Atul Subhash, was found hanging at his residence at Manjunath Layout area in Bengaluru, had left a 24-page purported death note, giving extensive details of what he alleged was years-long …

Emotional Bengaluru Abuse Domestic Violence Case Mental Subhash
Allahabad High Court Weekly Round-Up: July 1 – July 7, 2024
8 months, 2 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 …

India Justice Court Title Lok Sabha 2024 State
Allahabad High Court Half Yearly Digest: January - June 2024 [Citations 1-415]
8 months, 2 weeks ago

Allahabad High Court Half Yearly Digest: January - June 2024 [Citations 1-415]

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ORDERS/JUDGMENTS UP Victim Compensation Scheme 2014 | Eligibility/ Quantum Of Compensation For Rape Victims To Be Decided By DLSA, Not Court: Allahabad HC Case Title: Ramesh Alias Mehandi Hasan vs. State Of U.P. The bench comprising of Justice Alok Mathur held, “Considering the aforesaid judgments and also nature of the work involved in the present case where the workmen were …

India Justice Supreme Court High Court Court Uttar Pradesh Compassionate Appointment
Allahabad High Court Monthly Digest: June 2024 [Citations 367-415]
8 months, 2 weeks ago

Allahabad High Court Monthly Digest: June 2024 [Citations 367-415]

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NOMINAL INDEX M/S Pragyason Constructions Private Limited v. State Of U.P. S.11 Hindu Marriage Act | Parents Of Husband Can Contest Proceedings For Declaring Marriage Void After His Death: Allahabad High Court Case Title: Shatakshi Mishra v. Deepak Mahendra Pandey And 2 Others 2024 LiveLaw 373 Citation: 2024 LiveLaw 373 The Allahabad High Court has held that after the death …

India Justice Uttar Pradesh Compassionate Appointment Title Hindu Marriage Act 2024
Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC
8 months, 3 weeks ago

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that a petition calling in question the entire proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 would be maintainable before the High Court, not the Sessions Court. The complainant opposed the quashing petition saying that an appeal should be preferred before the Sessions Court under Section 29 …

High Court Court Order Proceedings Act Petition Karnataka High
[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 …

High Court Violence Domestic Violence Application Domestic Held Respondent
Remedies Sought Under Domestic Violence Act Of Civil Nature, Amendment To Application U/S 12 Are Allowed: Allahabad High Court
9 months, 4 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 …

Nature Civil Law Violence Court Civil Domestic Violence Application
The Complete Supreme Court Annual Digest- 2023 [Part-XVI]
10 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-XVI]

Live Law  

Prevention of Dangerous Activities Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders, Land Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act 1986; Section 3 - …

Support Supreme Court Constitution Court Money Laundering Maharashtra States
Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act
11 months, 2 weeks ago

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act

Live Law  

The Kerala High Court has admitted a plea moved by a 24-year-old woman seeking directions from the Court to the legislature to incorporate provisions to ensure the execution of orders passed under the Protection of Women from Domestic Violence Act, 2005. The plea was moved on behalf of the woman by the Victim Rights Centre attached to the High Court …

Violence Court Domestic Violence Orders Order Domestic Act
Allahabad High Court Quarterly Digest: January To March 2024 [Citations 1 - 200]
11 months, 2 weeks ago

Allahabad High Court Quarterly Digest: January To March 2024 [Citations 1 - 200]

Live Law  

ORDERS/JUDGMENTS OF THE QUARTER UP Victim Compensation Scheme 2014 | Eligibility/ Quantum Of Compensation For Rape Victims To Be Decided By DLSA, Not Court: Allahabad HC Case Title: Ramesh Alias Mehandi Hasan vs. State Of U.P. The bench comprising of Justice Alok Mathur held, “Considering the aforesaid judgments and also nature of the work involved in the present case where …

India Justice Supreme Court High Court Court Uttar Pradesh Compassionate Appointment
Allahabad High Court Monthly Digest: January 2024
1 year, 1 month ago

Allahabad High Court Monthly Digest: January 2024

Live Law  

NOMINAL INDEX Ramesh Alias Mehandi Hasan vs. State Of U.P. and others to hold that “the market value of the land would have got nothing to do with the circle rates inasmuch as it is the determination of the Collector which would determine the market value of the land along with some material which may have a direct, circumstantial or …

India Justice Supreme Court High Court Court Uttar Pradesh Hindu Marriage Act
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 …

Violence Court Maintenance Delhi High Court Order Domestic High
Bombay High Court Family Law Digest 2023
1 year, 2 months ago

Bombay High Court Family Law Digest 2023

Live Law  

Wife's Refusal For DNA Test No Ground for Adverse Inference For Maintenance – Bombay High Court Case Title: Namdeo s/o. Bombay High Court Upholds Grant Of Maintenance To Woman Who Had Accepted Alimony Under 'Customary Divorce' Case Title: Gajanan v. Surekha Citation: 2023 LiveLaw 61 Observing that a person's approaching the civil court for divorce itself shows that customary divorce …

Law Family India High Court Family Courts Family Court Domestic Violence
Karnataka High Court Monthly Digest - October 2023
1 year, 3 months ago

Karnataka High Court Monthly Digest - October 2023

Live Law  

Nominal Index: Bhimappa Gundappa Gadad And State of Karnataka. 2023 LiveLaw 418 Judgments/Orders Karnataka High Court Disapproves Government Case Title: Bhimappa Gundappa Gadad And State of Karnataka Case No: WRIT PETITION NO. 20404 OF 2023 Citation: 2023 LiveLaw 375 The Karnataka High Court has dismissed a public interest litigation seeking the removal of the names and photographs of Chief Minister …

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

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

Live Law  

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

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

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

Live Law  

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

Court Domestic Violence Maintenance Delhi High Court Order Domestic Interim
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 …

Family Violence Court Maintenance Application Domestic Case
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 …

Christianity Violence Compensation Court Domestic Violence Domestic Act
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 …

Family Court Family Court Transfer Kerala High Court Application Proceedings