Search Results for "domestic violence proceedings"

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Search Results for "domestic violence proceedings"

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High Court

Bombay High Court Dismisses Husband's Application for DNA Test in Domestic Violence Proceedings — Paternity Denial Not Permissible Without Strong Prima Facie Evidence. The court held that a DNA test cannot be ordered as a matter of course to rebut the presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, and the husband's bare allegations of adultery were insufficient.

18 Feb 2021

The case arises from a criminal application filed by Sahebrao Deorao Chavan (applicant No. 1) challenging an order dated 03/01/2019 passed by the Judi...

High Court

Bombay High Court Quashes Orders in Domestic Violence Act Jurisdiction Dispute — Holds That JMFC at Akot Lacks Jurisdiction as Incident Occurred at Nasik. Section 27 of Protection of Women from Domestic Violence Act, 2005 Requires Proceedings at Place of Residence or Employment of Aggrieved Person.

13 Jun 2011

The petitioners, Ramesh s/o Mohanlal Bhutada and Shobha w/o Ramesh Bhutada, filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench,...

High Court

Bombay High Court Allows Transfer of Domestic Violence Case from Khamgaon to Jamner for Convenience of Husband and Aged Parents. The court held that the wife's filing of the case at a distant place where no cause of action arose amounted to harassment, warranting transfer under Section 407 CrPC.

8 May 2014

The petitioner, Vijay Sudhakar Patil, filed an application under Sections 407 and 482 of the Criminal Procedure Code seeking transfer of Misc. Crimina...

High Court

Bombay High Court Allows Wife's Application Under Section 482 CrPC, Restores Interim Maintenance Order in Domestic Violence Case. The court held that the appellate court erred in setting aside the Magistrate's order granting interim maintenance without considering the wife's right to residence in shared household under the Protection of Women from Domestic Violence Act, 2005.

28 Jun 2011

The applicant, Smt. Sheetal Thawkar, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of an order date...

High Court

Bombay High Court Allows Transfer of Maintenance and DV Act Proceedings to Convenient Court — Residence of Wife Determines Jurisdiction Under Section 125 CrPC and Domestic Violence Act. The court held that the wife's residence at Lonar, not Hingoli, governs territorial jurisdiction for maintenance and domestic violence proceedings, and transferred the cases to a court in Buldhana district.

4 Apr 2019

The applicant-husband, Shrikrushna Shingne, and his family members filed two applications under Section 407 read with Section 482 of the Code of Crimi...

High Court

High Court of Bombay Upholds Maintainability of Application Under Section 20 DV Act in Specific Relief Act Suit; Relying on Section 26, Court Holds Such Monetary Relief Can Be Sought in Any Pending Legal Proceeding

4 May 2018

The dispute arose from a matrimonial conflict between the husband and wife, married in 1997, with two children. The wife had filed Petition B No.2/201...

Supreme Court

Supreme Court Allows Appeals in Section 498A Jurisdiction Case, Holding That Courts at Wife's Parental Home Have Jurisdiction. The court ruled that cruelty under Section 498A IPC is a continuing offence and its consequences ensue at the parental home, conferring jurisdiction under Section 179 CrPC.

9 Apr 2019

The case involves a group of appeals concerning the jurisdictional issue under Section 498A of the Indian Penal Code (IPC) and the Code of Criminal Pr...

High Court

Bombay High Court Allows Divorced Woman's Petition Under Domestic Violence Act — Divorced Woman Can File Application Under Section 12 of Protection of Women from Domestic Violence Act, 2005. The Court held that a divorced woman who had lived in a domestic relationship is an 'aggrieved person' and can seek relief under the Act.

17 Feb 2010

The case involves two criminal writ petitions filed by Smt. Bharati Naik challenging orders passed by the Judicial Magistrate First Class, Mapusa, and...

High Court

Bombay High Court Allows Petition and Quashes Non-Bailable Warrant in Domestic Violence Case — Magistrate Exceeded Powers Under Section 28(2) of Protection of Women from Domestic Violence Act, 2005 by Issuing NBW for Non-Payment of Interim Maintenance, as Section 28(2) Only Permits Laying Down Procedure for Disposal of Application, Not for Enforcement of Orders.

6 May 2014

The petitioner, Sachin Bodhale, husband of the respondent Sushma Bodhale, challenged an order passed by the learned Magistrate in Misc. Criminal Appli...

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...

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