Search Results for "Domestic Violence Act, 2005"

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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

High Court of Karnataka Allows Husband's Revision in Maintenance Case, Sets Aside Enhanced Maintenance Award. Wife's Cross-Revision Dismissed as Enhancement Was Not Justified Under Section 125 Cr.P.C.

23 Aug 2023

The case involves a husband, Sri G. Kalasegowda, and his wife, Smt. N.K. Nethravathi, who were married and later separated. The wife filed a petition ...

High Court

Bombay High Court Dismisses Quashing Petition Under Section 482 CrPC for DV Act Proceedings, Holding Inherent Powers Not Available for Civil Proceedings. The Court ruled that proceedings under the Protection of Women from Domestic Violence Act, 2005 are civil in nature, and thus Section 482 CrPC cannot be invoked to quash them.

18 Jul 2023

The applicants, who are family members of the respondent's husband, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (Cr...

High Court

Bombay High Court Allows Wife's Revision Against Family Court Order Refusing Maintenance Under Hindu Marriage Act Due to Prior Maintenance Under Domestic Violence Act. The court held that there is no bar to claiming maintenance under different enactments simultaneously, and the Family Court must decide the application on merits.

23 Nov 2022

The petitioner-wife filed a criminal revision application before the Bombay High Court challenging the order of the Family Court, Jalgaon, dated 29.01...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests.

27 Sep 2022

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production ...

High Court

High Court of Karnataka Allows Revision Petitions in Domestic Violence and Dowry Harassment Cases — Orders Quashed Due to Procedural Irregularities and Lack of Proper Application of Mind. The court held that orders under the Protection of Women from Domestic Violence Act, 2005 and convictions under IPC and Dowry Prohibition Act must be based on proper application of mind and evidence.

6 Feb 2021

The case involves multiple criminal revision petitions filed before the High Court of Karnataka at Bengaluru, challenging orders passed by lower court...

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

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 Allows Wife's Appeal in Muslim Divorce Dispute — Holds Divorce Agreement as Talak in Ahsan Mode, Not Khula, and Remarriage Valid Without Halala. The court determined that the divorce agreement dated 18th April, 2004 was a Talak in Ahsan mode, and the wife was not required to undergo Halala before remarriage on 5th April, 2007.

23 Mar 2010

The case involves an appeal under section 19 of the Family Courts Act, 1984, arising from a dispute between a Muslim couple. The appellant-wife, Mrs. ...

High Court

Bombay High Court Allows Petitioner in EPF Act Coverage Dispute — Expert Services Notification Interpreted Narrowly. Computer consultancy not covered under notification dated 17th May 1971 extending Employees' Provident Funds and Miscellaneous Provisions Act, 1952 to establishments rendering expert services.

20 Sep 2006

The petitioner, Tata Consultancy Services Ltd., challenged the decision of the Regional Provident Fund Commissioner and the Appellate Tribunal that it...

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