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 Allows Waiver of Cooling-Off Period in Mutual Consent Divorce Under Goa Law of Divorce — Applies Amardeep Singh Principles. Husband and Wife Jointly Challenge Trial Court's Refusal to Waive One-Year Period Under Article 40, Succeed as Court Holds Period Not Mandatory When Reconciliation Efforts Exhausted.

24 Apr 2024

The petitioner-husband and respondent-wife married in 2016 but differences arose within a year, leading to the wife filing domestic violence cases. Th...

High Court

Bombay High Court Allows Petition Against Appellate Order Dismissing Shared Household Claim Under Domestic Violence Act — Reliance on Overruled Precedent S.R. Batra Held Erroneous. The court set aside the appellate order and remanded the matter for fresh consideration in light of Satish Chander Ahuja v. Sneha Ahuja and Prabha Tyagi v. Kamlesh Devi.

23 Jan 2024

The petitioner, Smt. Reena C. Naik, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging the order of the First A...

High Court

Bombay High Court Allows Husband's Petition Challenging Jurisdiction in DV Act Case — Wife's Complaint Filed at Chalisgaon Court Lacks Territorial Jurisdiction as No Party Resides There. Section 27 of Protection of Women from Domestic Violence Act, 2005 requires complaint to be filed where parties reside or cause of action arises.

5 Jun 2023

The petitioner, Vikram Rathod, husband of respondent no.1 Vrushali, filed a criminal writ petition before the Bombay High Court at Aurangabad challeng...

High Court

Bombay High Court Quashes Process Against In-Laws in Domestic Violence Case for Lack of Specific Allegations of Breach of Protection Order. Section 31 of Protection of Women from Domestic Violence Act, 2005 requires willful breach of a protection order; mere non-compliance with interim order without specific averments does not attract the offence.

10 Jun 2022

The petitioners, Harsherekha Ajay Garg (mother-in-law) and Anirudha Ajay Garg (husband), challenged an order dated 30 September 2021 passed by the lea...

Supreme Court

Supreme Court Dismisses Appeal Against RBI Guidelines Prohibiting Merchanting Trade in Banned Goods During Pandemic. Clause 2(iii) of the 2020 MTT Guidelines is a reasonable restriction under Article 19(6) as it serves the legitimate aim of preserving domestic PPE stocks and is not manifestly arbitrary.

6 Dec 2021

The appeal arose from a judgment of the Madhya Pradesh High Court upholding Clause 2(iii) of the Revised Guidelines on Merchanting Trade Transactions ...

High Court

Bombay High Court Allows Wife's Maintenance Petition and Husband's Divorce Petition in Matrimonial Dispute. Court Orders DNA Test for Paternity and Grants Visitation Rights to Father.

27 Jul 2021

The judgment arises from three connected criminal writ petitions filed by the wife (Aruna Shukla) and the husband (Omprakash Shukla) and his family me...

High Court

Bombay High Court Dismisses Wife's Appeal Against Interim Orders Passed During Pendency of Marriage Petition Due to Delay and Lack of Challenge Before Dismissal of Main Petition. The court held that an appeal against interim orders passed during the pendency of a marriage petition under Section 9 of the Hindu Marriage Act, 1955, is not maintainable after the main petition has been dismissed and the appellant did not challenge the interim orders at any earlier stage.

7 Apr 2021

The appellant-wife, Dr. Sarika Akshay Ranade, filed a Family Court Appeal against orders passed by the Family Court No.5, Pune, on various application...

High Court

Bombay High Court Issues Notice in Petition Challenging Inadequate Interim Maintenance Under Domestic Violence Act. Courts Below Awarded Only Rs.8,000 Per Month Despite Uncontroverted Evidence of Respondent's Salary of 1500 Dirhams Per Month Under Section 23(2) of Protection of Women from Domestic Violence Act, 2005.

14 Dec 2018

The petitioner, Catherine Edward Anthony, filed a Writ Petition under Article 227 of the Constitution of India challenging the judgment and order date...

High Court

Bombay High Court Quashes Orders in Domestic Violence Act Jurisdiction Dispute — Holds That JMFC at Akot Lacks Jurisdiction as Incident Occurred at Nasik. Section 27 of Protection of Women from Domestic Violence Act, 2005 Requires Proceedings at Place of Residence or Employment of Aggrieved Person.

13 Jun 2011

The petitioners, Ramesh s/o Mohanlal Bhutada and Shobha w/o Ramesh Bhutada, filed a Criminal Writ Petition before the Bombay High Court, Nagpur Bench,...

Supreme Court

Supreme Court Allows Petition Challenging Age Limit for Adoptive Mother's Maternity Benefit; Declares Section 60(4) of Code on Social Security, 2020 Unconstitutional. The Court Held That Restricting Benefit to Child Below Three Months Violates Articles 14 and 21 by Creating Arbitrary Classification and Denying Reproductive Autonomy.

1 Jan 1970

The Supreme Court adjudicated a public interest petition challenging the constitutionality of Section 60(4) of the Code on Social Security, 2020, whic...

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