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 Upholds Maintenance for Wife Under DV Act Despite Husband's Claim of Invalid Marriage — Second Marriage Valid as Customary Divorce from First Husband Proved

14 Sep 2015

The case involves a criminal writ petition filed by Subhash Pralhad Chaware and five others (petitioners) challenging the judgment and order of the Ju...

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

Gujarat High Court Allows Transfer of Divorce Suit in Favor of Wife Due to Distance and Pre-existing Domestic Violence Proceedings. Transfer of suit under Section 24 CPC granted to avoid hardship and multiplicity of proceedings where wife resides 150 km away from the court where husband filed divorce.

13 Mar 2026

The applicant-wife filed an application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Family Suit No.28 of 2025 filed by t...

High Court

Bombay High Court Allows Wife's Petition Challenging Reversal of Maintenance Under Domestic Violence Act. Appellate court erred in setting aside maintenance without considering wife's entitlement under Section 20 of Protection of Women from Domestic Violence Act, 2005.

28 Nov 2023

The petitioner, Madhura Milind Gadgil, married respondent No.1, Milind Neelkant Gadgil, on 26 May 1990. A daughter was born on 5 July 1991. In 1997, t...

High Court

High Court Quashes FIR Against Husband and In-Laws in Matrimonial Dispute Under Section 482 CrPC Due to Abuse of Process. Allegations of Harassment and Dowry Demands Under Sections 498A and 504 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, Found Vague and Lacking Territorial Jurisdiction for Incidents Abroad.

8 Jan 2026

The case involved a criminal petition filed by four petitioners—the husband, father-in-law, mother-in-law, and brother-in-law—seeking to q...

High Court

Bombay High Court Allows Maintenance Under DV Act Despite Existing Family Court Order — Dual Maintenance Permissible Under Section 20(1)(d) of Protection of Women from Domestic Violence Act, 2005. The appellate court erred in setting aside maintenance order solely because another maintenance order existed under Section 125 CrPC, as relief under DV Act is independent.

2 Feb 2018

The petitioner, Mamta Gautam Wankhede, filed a criminal writ petition challenging the order dated 16/01/2017 passed by the Additional Sessions Judge, ...

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

High Court of Karnataka Allows Revision Petition in Domestic Violence Case — Sets Aside Appellate Order for Lack of Proper Application of Mind. The court held that the appellate court's judgment was divergent and not sustainable under Sections 9(b) and 37(2)(c) of the Protection of Women from Domestic Violence Act, 2005.

19 Jan 2016

The case involves a criminal revision petition filed by Sri Ramachandrachar against an order dated 23.12.2011 passed by the Presiding Officer, Fast Tr...

High Court

Bombay High Court Upholds Constitutional Validity of Section 2(q) of Protection of Women from Domestic Violence Act, 2005 — Definition of 'Respondent' Includes Adult Male and Female Relatives. Challenge by mother and sister of alleged perpetrator fails as court holds that the definition is not ultra vires Articles 14, 15, and 21 of the Constitution.

25 Sep 2014

The petitioners, mother and sister of the alleged perpetrator, filed a writ petition under Article 226 of the Constitution challenging the constitutio...

High Court

High Court of Bombay at Goa Dismisses Wife's Revision Against Summons to Children in Domestic Violence Case. Summons Under Section 311 CrPC Held Valid as Children's Testimony Could Elucidate Truth in Proceedings Under Protection of Women from Domestic Violence Act, 2005.

10 Apr 2015

The petitioner, the wife, filed an application under the Protection of Women from Domestic Violence Act, 2005 before the Judicial Magistrate First Cla...

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