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Search Results for "domestic violence proceedings"

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High Court

Bombay High Court Dismisses Quashing Petition in Domestic Violence Case — Shared Household Requirement Not Limited to Living with In-Laws. Allegations of Mental and Physical Harassment Sufficient to Maintain Proceedings Under Section 12 of Protection of Women from Domestic Violence Act, 2005.

4 Jul 2022

The applicants, Vishal Thakre (husband), his father Bhaskarrao Thakre, and mother Pushpa Thakre, filed a criminal application under Section 482 of the...

Supreme Court

Supreme Court Quashes Domestic Violence Proceedings in Favor of Husband Due to Binding Mediated Settlement. The Court Held That Proceeding with a Domestic Violence Complaint After a Comprehensive Settlement Including a No-Litigation Clause and Substantial Transfers Constitutes an Abuse of Process Under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

13 Apr 2026

The dispute arose from matrimonial discord between a husband and wife, leading to a mediated settlement agreement dated 16.05.2024 that resolved all d...

High Court

Bombay High Court Dismisses Petition to Quash Domestic Violence Proceeding, Holding Prima Facie Case of Domestic Violence Made Out. The Court Applied Bhajanlal Parameters and Found Allegations of Physical and Mental Abuse Sufficient to Establish Domestic Relationship and Shared Household Under the Protection of Women from Domestic Violence Act, 2005.

19 Jul 2018

The dispute originated from a matrimonial domestic violence complaint filed by respondent no.2, the widow of the petitioners' son and brother, who had...

High Court

Bombay High Court Allows Transfer of DV Act Proceedings to Family Court for Clubbing with Divorce Petition - Emphasizes Avoidance of Multiplicity and Conflict of Decisions. The court held that the wife's right to choose forum under the DV Act is not absolute and that transfer under Section 24 CPC is justified when common issues arise between matrimonial proceedings.

4 Sep 2024

The applicant husband filed a Miscellaneous Civil Application seeking transfer of a complaint filed by the respondent wife under the Protection of Wom...

High Court

Bombay High Court Quashes Domestic Violence Proceedings Against Husband and In-laws Due to Lack of Territorial Jurisdiction. Complaint Filed at Pune While Shared Household Was in Hyderabad — Held That Jurisdiction Lies Where Cause of Action Arises, Not at Wife's Temporary Residence.

2 Mar 2016

The petitioners, the husband and his parents, filed a writ petition under Article 227 of the Constitution of India challenging the proceedings initiat...

High Court

Bombay High Court Partly Quashes Orders in Domestic Violence Case — Residential Direction Set Aside Due to Absence of Valid Marriage. Family Court's Finding That No Legally Valid Marriage Existed Prevents Claim to Shared Household Under Section 17 of the Domestic Violence Act, 2005, but Criminal Proceedings Under IPC Not Interfered With.

4 Aug 2011

The dispute arose from a matrimonial conflict where the respondent claimed to have married the petitioner on 22 May 1989 in a Hindu temple despite the...

High Court

Bombay High Court Allows Petition to Dismiss Domestic Violence Proceedings After Marriage Declared Null and Void — Relationship in Nature of Marriage Ceases to Exist

7 Aug 2017

The petitioner, Dhanraj Shirsat, filed a Criminal Writ Petition challenging the orders of the trial court and appellate court that rejected his applic...

High Court

Bombay High Court Holds That Proceedings Under Protection of Women from Domestic Violence Act, 2005 Are Civil in Nature and Section 482 CrPC Is Not Applicable. The Court Answered the Reference by Holding That the High Court Cannot Exercise Its Inherent Powers Under Section 482 CrPC in Respect of DV Act Proceedings.

14 Nov 2017

The present reference arises out of an order dated 13/2/2015 passed by a learned Single Judge in Criminal Application No.578/2011. During the hearing,...

High Court

Bombay High Court Quashes DV Act Proceedings for Lack of Domestic Relationship — Interim Maintenance Set Aside. Marriage Without Cohabitation in Shared Household Does Not Constitute Domestic Relationship Under Section 2(f) of Protection of Women from Domestic Violence Act, 2005.

15 Dec 2016

The petitioners, Dr. Akshay Lakhotiya, his father Navalkishor, and mother Kiran, filed two criminal writ petitions challenging proceedings under the P...

High Court

Bombay High Court Quashes Domestic Violence Proceedings Against Mother-in-Law and Sister-in-Law Due to Absence of Domestic Relationship. Petitioners Not in Domestic Relationship with Complainant Under Section 2(a) of Protection of Women from Domestic Violence Act, 2005 as They Never Lived Together in Shared Household.

9 Apr 2015

The petitioners, Dimple Khanna (mother-in-law of the complainant's husband) and Twinkle Khanna (sister-in-law), along with Akshay Kumar (husband of Tw...

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