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Search Results for "domestic violence act"

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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...

High Court

Bombay High Court Dismisses Revision in Domestic Violence Case — No Domestic Relationship After Divorce. Wife's Application Under Sections 12 and 18 of Protection of Women From Domestic Violence Act, 2005 Rejected as She Was Not Living with Husband After Divorce Granted in 2008.

18 Apr 2019

The case involves a criminal revision application filed by Smt. Sadhana Walwatkar against the dismissal of her application under Sections 12 and 18 of...

High Court

Karnataka High Court Dismisses Revision Petition in Maintenance Case Under Section 125 CrPC — Upholds Maintenance to Wife Despite Husband's Second Marriage. Court Held That a Wife Is Entitled to Maintenance Even If She Refuses to Live with Husband Due to His Second Marriage, as Such Refusal Is Based on Justifiable Ground Under Explanation to Section 125(3) CrPC.

24 Jan 2019

The petitioner, Smt. Shakuntala, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, c...

High Court

Karnataka High Court Dismisses Revision Petition in Maintenance Case Under Section 125 CrPC — Upholds Concurrent Findings of Neglect and Refusal to Maintain. Wife's Entitlement to Maintenance Affirmed Despite Husband's Claim of Second Marriage and Alleged Adultery.

24 Jan 2019

The petitioner, Smt. Shakuntala, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, c...

High Court

Bombay High Court Quashes DV Act Proceedings Against Married Sister and Brother-in-Law. Married Sister Not a 'Respondent' Under Protection of Women from Domestic Violence Act, 2005 as She Does Not Share a Domestic Relationship or Shared Household with the Aggrieved Wife.

20 Dec 2017

The applicants, including the husband, his parents, his married sister, and her husband, challenged proceedings initiated by the wife (respondent no.1...

High Court

Bombay High Court Quashes Interim Custody Order in Domestic Violence Case — Child's Welfare Paramount Under Section 21 of Protection of Women from Domestic Violence Act, 2005. The court held that interim custody orders must be based on evidence of child's best interests, not merely allegations of domestic violence.

21 Dec 2016

The petitioners, Dr. Parijat Vinod Kanetkar (husband), his mother, father, and sister, challenged the order dated 8.10.2015 passed by the Judicial Mag...

High Court

High Court of Karnataka Dismisses Revision Petition Challenging Refusal to Discharge Accused Under Section 31 of Protection of Women from Domestic Violence Act, 2005. The court held that the question of maintainability of a complaint under Section 31 of the DV Act cannot be raised at the stage of discharge under Section 239 Cr.P.C. and must be decided at trial.

18 Dec 2015

The petitioner, Francis Cyril C Cunha, is the accused in C.C. No. 327/2012 pending before the Civil Judge and JMFC, Moodbidri, for an offence punishab...

High Court

Bombay High Court Dismisses Revision Against Interim Maintenance Under Domestic Violence Act — Prior Maintenance Order Does Not Bar Additional Relief Under DV Act. Economic Violence Found as Domestic Violence Under Section 3 of Protection of Women from Domestic Violence Act, 2005.

1 Oct 2014

The applicant, Deepak Mahaveerprasad Gupta, filed a criminal revision application challenging the interim orders passed by the Judicial Magistrate, Fi...

High Court

Bombay High Court Allows Second Wife's Petition Under Domestic Violence Act — Restores Protection and Maintenance Orders. Cohabitation in Shared Household for 4-5 Years Establishes Domestic Relationship Under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

2 Nov 2012

The petitioner, Pratibha Andhare, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India challenging the judgment of t...

High Court

Bombay High Court Allows Remand for Maintenance Claim Under Domestic Violence Act — Lower Courts Failed to Consider Section 20(3) Relief Despite Marriage Annulment. The court held that the failure to decide the maintenance claim necessitated a remand to the Magistrate for fresh consideration.

24 Aug 2010

The petitioner, Mrs. Jovita Olga Ignesia Mascarenhas e Coutinho, filed a Criminal Writ Petition under Section 482 of the Code of Criminal Procedure, 1...

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