Search Results for "Domestic Violence Act, 2005"

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Search Results for "Domestic Violence Act, 2005"

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High Court

Bombay High Court Dismisses Petition Challenging Senior Citizens Tribunal Order Directing Eviction and Maintenance. The son's right of residence in mother's property is not absolute under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

13 Mar 2024

The Bombay High Court dismissed a writ petition filed by Pawan Ravindra Panchal and his wife Vaishali Pawan Panchal challenging an order of the Tribun...

High Court

High Court of Karnataka Quashes Proceedings Under Section 31 of Domestic Violence Act for Breach of Protection Order — Non-Payment of Maintenance Not Attracting Penalty Without Specific Order. The court held that Section 31 of the Protection of Women from Domestic Violence Act, 2005 applies only to breach of a protection order under Section 18, not to non-compliance with maintenance orders under Section 12.

13 Dec 2023

The petitioner, Mohammed Yaseen Naikwadi, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash proceed...

High Court

Bombay High Court Allows Revision in Domestic Violence Case — Sets Aside Concurrent Dismissal of Complaint Under Section 12 of Protection of Women from Domestic Violence Act, 2005. Court Holds That Relationship by Customary Marriage or Blood Ties Falls Within 'Domestic Relationship' Under Section 2(f) of the Act, and Remands Matter for Fresh Consideration on Merits.

19 Oct 2023

The applicant, Sau. Anita Ambadas @ Ambu Shivarkar, filed a criminal revision application challenging the judgment and order dated 17.08.2018 passed b...

High Court

High Court of Bombay Quashes Family Court Order Vacating Status Quo in Matrimonial Home Dispute. Wife's Right to Reside in Shared Household Upheld Under Protection of Women from Domestic Violence Act, 2005, Irrespective of Husband's Father's Title to Property.

12 Oct 2017

The dispute arose from a matrimonial proceeding where the respondent-husband had filed a petition for nullity or divorce against the petitioner-wife. ...

High Court

Bombay High Court Dismisses Petition by Husband and In-laws Challenging Maintenance and Residence Orders Under Domestic Violence Act. Concurrent Findings of Domestic Violence and Right to Shared Household Upheld.

9 Sep 2015

The case involves a criminal writ petition filed by Prashant Maggidwar and his family members (petitioners) challenging concurrent orders passed by th...

High Court

Bombay High Court Dismisses Petition Challenging Maintenance Order Under Domestic Violence Act — Wife Entitled to Residence in Husband's Father's Flat as Shared Household. The court held that the flat owned by the husband's father, where the wife resided after marriage, is a 'shared household' under Section 2(s) of the Protection of Women from Domestic Violence Act, 2005, entitling her to residence and maintenance.

9 Sep 2015

The petitioners, husband and his family members, challenged the concurrent orders of the Judicial Magistrate First Class, Zari Jamni, and the Ad Hoc A...

High Court

High Court of Karnataka Allows Appeal in Family Court Matter Regarding Death Benefits Distribution — Declares Plaintiffs as Legal Heirs Entitled to Family Pension and Other Benefits. The court held that the Family Court erred in dismissing the suit for declaration and direction for settlement of death benefits, and that the plaintiffs, being the wife and children of the deceased employee, are entitled to the benefits as per the Karnataka Civil Services Rules.

3 Dec 2014

The case pertains to a suit filed by the plaintiffs, Smt. Chamundamma (wife of late Javara Naika J.), Smt. Rajeshwari J. (daughter), and Revanna Naika...

High Court

Bombay High Court Upholds Conviction of Husband, Sister-in-law, and Mother-in-law for Murder of Married Woman Based on Circumstantial Evidence. The court held that the chain of circumstances including dowry demand, cruelty, and last seen together established common intention under Section 302 read with Section 34 IPC.

29 Oct 2013

The case pertains to the murder of Nagma @ Najma, who was married to appellant no.1 on 6th February 2005. She resided with her husband, father-in-law,...

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 Quashes Detention Order Under COFEPOSA Due to Unexplained Delay. Delay of 10 Months Between Release on Bail and Detention Order Held to Snap Live Link, Vitiating Preventive Detention Under Section 3(1) of COFEPOSA, 1974.

3 Oct 2006

The petitioner, wife of the detenu Shyam Dharmadas Amlani, challenged the detention order dated 15th October 2005 passed by the State Government under...

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