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Search Results for "violence"

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High Court

Bombay High Court Allows Husband's Petition Against Maintenance Order Under Domestic Violence Act — Interim Maintenance Cannot Be Granted Without Notice. Order Passed Without Notice Violates Natural Justice; Correction Under Section 465 CrPC Cannot Supply Missing Substantive Part.

27 Sep 2011

The petitioner, Syed Naim, husband of respondent No.1, filed a criminal writ petition under Article 227 of the Constitution of India challenging the j...

High Court

Bombay High Court Quashes Process Against Senior Citizen Parents-in-Law in Domestic Violence Case. No Domestic Relationship Established as Daughter-in-Law Never Resided with Them in Shared Household Under Section 12 of Protection of Women from Domestic Violence Act, 2005.

6 Sep 2018

The present criminal application was filed by two senior citizens, aged 73 and 67 years, seeking quashing of the process issued against them by the Ju...

High Court

Bombay High Court Allows Maintenance to Wife and Daughters Under Domestic Violence Act — Enhances Monthly Maintenance from Rs. 2,000 to Rs. 5,000. Held that the appellate court erred in setting aside maintenance without considering evidence of domestic violence and financial needs.

8 Jul 2019

The petitioners, Smt. Laxmi Krishna Talkatkar and her three daughters, filed a Criminal Writ Petition before the Bombay High Court challenging the ord...

High Court

Bombay High Court Allows Quashing of DV Act Proceedings Due to Lack of Territorial Jurisdiction. Acts of Domestic Violence Allegedly Occurred in Germany, Not Within India, Hence Magistrate at Nagpur Had No Jurisdiction Under Section 27 of Protection of Women from Domestic Violence Act, 2005.

29 Mar 2023

The applicant, Sumeet Ninave, challenged an order dated 21.10.2022 passed by the Additional Chief Judicial Magistrate, Nagpur, rejecting his applicati...

Supreme Court

Supreme Court Upholds Conviction of Accused in SC & ST Act and IPC Rape Case Involving Blind Scheduled Caste Victim. The Court affirmed that the offence under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was committed 'on the ground' of caste due to the victim's vulnerability from blindness and Scheduled Caste status, and the rape under Section 376(1) of the Indian Penal Code, 1860 was proven beyond reasonable doubt.

27 Apr 2021

The appeal arose from a judgment of the High Court of Andhra Pradesh dated 3 August 2019, which affirmed the conviction of the appellant for offences ...

High Court

Bombay High Court Allows Wife to Implead Mother-in-Law in Domestic Violence Proceedings Before Family Court — Section 2(q) of DV Act Permits Relief Against Relative of Husband. The Court held that the mother-in-law is a proper party under Section 2(q) and Section 26 of the Protection of Women from Domestic Violence Act, 2005, and cannot be deleted under Order 1 Rule 10 CPC.

4 Aug 2015

The petitioner, Ms. Ambreen Akhoon, filed a writ petition challenging an order dated 11.5.2015 passed by the Family Court at Bandra, Mumbai in Petitio...

Supreme Court

Supreme Court Directs Clarification on Unnatural Deaths in Prisons in PIL on Prison Conditions; Custodial Violence and Dignity Under Article 21 Reiterated. Classification of Prison Deaths by NCRB as Natural or Unnatural Found Ambiguous and Requires Explanation.

1 Jan 1970

The Supreme Court, in a public interest litigation regarding inhuman conditions in 1382 prisons, addressed the issue of unnatural deaths of prisoners....

High Court

Bombay High Court Upholds Maintenance Award to Wife and Daughters Under Domestic Violence Act — Relationship in Nature of Marriage Established. Court affirms that a man and woman living together for a reasonably long period in a relationship akin to marriage qualifies as a 'domestic relationship' under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, entitling the woman to maintenance.

1 Jul 2015

The case involves a criminal revision application filed by Deepak @ Gajanan Ramrao Kanegaonkar (the applicant) challenging the order of the Additional...

High Court

Bombay High Court Allows Writ Petition Under Article 227 Against Rejection of DV Act Application by Minor Daughter and Mother of Deceased. Held that a minor daughter is an 'aggrieved person' under Section 2(a) of the Protection of Women from Domestic Violence Act, 2005 and can file an application through her grandmother under Section 12.

4 Jan 2022

The case involves a writ petition under Article 227 of the Constitution of India challenging the orders of the Judicial Magistrate First Class, Pune a...

High Court

Bombay High Court Partly Allows Husband's Revision, Reduces Maintenance Granted Under Domestic Violence Act. Maintenance under Section 125 CrPC must be considered while fixing quantum under DV Act to avoid double burden.

14 Aug 2017

The case involves a criminal revision application filed by the husband (applicant) against his wife and two minor children (non-applicants) challengin...

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