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 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...

Supreme Court

Supreme Court Allows Appeals in Section 498A IPC Jurisdiction Case — Holds That Courts at Wife's Parental Home Have Jurisdiction Even Without Overt Acts of Cruelty There. The Court ruled that the offence of cruelty under Section 498A IPC is a continuing offence and the consequences ensue at the parental home, conferring jurisdiction under Sections 178 and 179 CrPC.

9 Apr 2019

The case involves a group of appeals before the Supreme Court of India addressing a conflict of judicial opinion on the jurisdictional issue under Sec...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Family Court Ex-Parte Order and DV Act Complaint as Frivolous. Family Court's Direction to Proceed Ex-Parte Upheld and DV Act Complaint Cannot Be Quashed as It Is Not a Criminal Proceeding Under Protection of Women from Domestic Violence Act, 2005.

14 Mar 2013

The petitioner, Natarajan Sundaresan, filed two writ petitions before the Bombay High Court challenging orders passed in family court and magistrate p...

Supreme Court

Supreme Court Allows Appeals in Section 498A Jurisdiction Case — Courts at Wife's Parental Home Have Jurisdiction Even Without Overt Acts of Cruelty There. Continuing Offence and Consequence-Based Jurisdiction Under CrPC Sections 178 and 179 Apply to Section 498A IPC.

9 Apr 2019

The case involves a group of appeals before the Supreme Court of India concerning the jurisdictional issue under Section 498A of the Indian Penal Code...

High Court

Bombay High Court Upholds Interim Maintenance to Wife Under DV Act Despite Dismissal of Main Complaint — Appeal Court Has Power to Grant Interim Relief Pending Appeal

13 Feb 2019

The petitioner, Gananath Vishwanathan Shenoy, challenged an order dated 05.07.2018 passed by the learned District Judge-8 and Additional Sessions Judg...

High Court

Bombay High Court Quashes Criminal Proceedings in Matrimonial Dispute Following Foreign Divorce Decree — Abuse of Process of Law. Consent of Informant and Foreign Divorce Decree Lead to Quashing of FIR Under Sections 498-A, 406, 506 IPC.

9 Sep 2025

The applicants, Rahul Vishwas Mahajan, his parents Vishwas Ramdas Mahajan and Vaishali Vishwas Mahajan, filed an application under Section 482 of the ...

High Court

Bombay High Court Allows Revision Against Order Granting Right of Residence in Shared Household Under DV Act — Parents-in-Law Not Obliged to Provide Shared Household to Daughter-in-Law After Son's Separation. The court held that the daughter-in-law's right of residence under Section 17 of the Protection of Women from Domestic Violence Act, 2005 is not enforceable against the father-in-law who is the owner of the property, when the husband has no right in the property and the parents-in-law are not respondents in the DV proceedings.

30 Sep 2022

The applicants, Umakant Havgirao Bondre and Shobha Umakant Bondre, are the parents of respondent No.2 Suraj Bondre and in-laws of respondent No.1 Saks...

High Court

Bombay High Court Upholds Striking Out of Defence for Non-Payment of Interim Maintenance in DV Act Case. Failure to Pay Maintenance Justifies Coercive Measure Under Section 23 of Protection of Women from Domestic Violence Act, 2005.

28 Jun 2019

The petitioner, Girish Vijaysingh Pardeshi, challenged an order dated 31/03/2018 passed by the learned Judicial Magistrate First Class, Court No. 7, J...

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 Allows Husband's Appeal in Matrimonial Dispute Over Possessory Rights to Shared Household. Wife's Claim for Right to Residence Under Protection of Women from Domestic Violence Act, 2005 Dismissed as Act Not in Force at Time of Filing.

8 Mar 2013

The case involves two appeals filed by the husband challenging a common judgment and order dated 30.12.2004 passed by the Family Court No.4, Mumbai. T...

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