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Search Results for "violence"

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High Court

Bombay High Court Partially Quashes FIR in Matrimonial Cruelty Case — Specific Allegations Against Husband and Mother-in-Law Upheld, General Allegations Against Brother-in-Law and His Wife Quashed. Court Held That General and Omnibus Allegations Cannot Force Relatives to Undergo Trial Under Section 482 CrPC.

31 Jul 2024

The petitioners, including the husband, mother-in-law, brother-in-law, and his wife, sought quashing of FIR No.132/2013 registered at Vita Police Stat...

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 Husband's Revision in Domestic Violence Case — Jurisdiction Lies Where Wife Resides. Shared Household Defined Under Section 2(s) of Protection of Women from Domestic Violence Act, 2005 Includes Residence of Wife's Brother Where She Stays for Education.

28 Nov 2023

The case involves a criminal revision application filed by the husband, Nitin Vikas Karake, challenging the orders of the JMFC, Satara and the Session...

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 FIR in Domestic Violence Case Due to Lack of Territorial Jurisdiction — Alleged Acts Occurred in USA, Not in India. The court held that the Domestic Violence Act, 2005 does not have extra-territorial operation and courts in India cannot assume jurisdiction over incidents that took place entirely outside India.

25 Sep 2019

The petitioner, Mohammad Zuber Farooqi, filed a Criminal Writ Petition under Article 226 of the Constitution read with Section 482 CrPC seeking quashi...

High Court

High Court of Karnataka Dismisses Revision Petition in Domestic Violence Case — Jurisdiction of Magistrate Upheld. The court held that the V ACMM, Traffic Court, Bangalore had jurisdiction to entertain a petition under the Protection of Women from Domestic Violence Act, 2005, as the respondent-wife resided within its territorial limits.

20 Sep 2019

The case involves a criminal revision petition filed by K.C. Vijayakumara and K.C. Basavaraj (petitioners) against Smt. S. Geetha (respondent). The pe...

High Court

Bombay High Court Quashes Process Against Aunt and Uncle in Domestic Violence Case — Relatives Not 'Respondents' Under DV Act. Relationship of aunt by marriage does not fall within 'domestic relationship' under Section 2(f) of Protection of Women from Domestic Violence Act, 2005 as it is not a relationship of consanguinity, marriage, or a relationship in the nature of marriage.

5 Sep 2018

The petitioners, Mr. Prabhakar Mohite and Mrs. Vijaya Prabhakar Mohite, filed a writ petition under Article 226 of the Constitution of India read with...

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 Daughter's Petition to Quash DV Act Proceedings Initiated by Mother. No Allegations of Domestic Violence Made Against Daughter, Only That She Supported Father.

20 Apr 2021

The petitioner, Vanisha Vincent Rodrigues, a 23-year-old daughter, filed a writ petition before the Bombay High Court seeking quashing of proceedings ...

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...

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