Search Results for "PWDV Act, 2005"

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Search Results for "PWDV Act, 2005"

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High Court

Karnataka High Court Holds Petition Under Section 482 CrPC Maintainable for In-Laws in Domestic Violence Act Case — No Order Passed by Magistrate, Hence Section 29 Appeal Not Available. In-Laws, Including Senior Citizens and Brother-in-Law, Allowed to Seek Quashing as Proceedings Under Section 12 of Protection of Women from Domestic Violence Act, 2005, Could Be Tested Under Inherent Jurisdiction.

28 Jun 2024

The matter arose from proceedings initiated by the respondent wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005 agains...

High Court

Bombay High Court Dismisses Petition Challenging Maintainability of Domestic Violence Act Proceedings — Relationship in Nature of Marriage Established Through Cohabitation and Shared Household. The court held that the issue of domestic relationship under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005 requires evidence and cannot be decided at preliminary stage.

28 Nov 2025

The petitioner, Suresh Kahiram Mapari, filed a Criminal Writ Petition before the Bombay High Court challenging an order dated 21.05.2025 passed by the...

Supreme Court

Supreme Court Allows Appeal of Daughter-in-Law Against Eviction Under Senior Citizens Act, 2007 — Protection of Women from Domestic Violence Act, 2005 Right of Residence Prevails Over Senior Citizens Act, 2007. The court held that the authorities under the Senior Citizens Act, 2007 have no jurisdiction to order eviction of a woman entitled to residence under Section 17 of the PWDV Act, 2005, and the property transfers were collusive to defeat her rights.

11 Dec 2020

The present dispute arises out of an application filed by the second and third respondents (parents-in-law of the appellant) under the Maintenance and...

High Court

High Court of Karnataka Allows Revision Petition in Domestic Violence Case — Sets Aside Appellate Order for Non-Compliance with Section 29 of D.V. Act. Appellate Court Failed to Provide Opportunity of Hearing to Complainant Before Setting Aside Conviction Order.

2 Jul 2025

The petitioner, Smt. Roopa B.C., filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act) against her ...

High Court

Bombay High Court Quashes Eviction Order Against Daughter-in-Law Under Senior Citizens Act, Holds Maintenance Tribunal Cannot Be Used to Evict Wife from Matrimonial Home. The Court ruled that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be misused to evict a daughter-in-law who has a right of residence under the Protection of Women from Domestic Violence Act, 2005.

18 Mar 2024

The petitioner, Sanjivani Jayesh Seernani, is the daughter-in-law of senior citizens and filed a writ petition challenging an order dated 18 September...

High Court

Bombay High Court Dismisses Husband's Revision in Domestic Violence Case — Jurisdiction Lies Where Wife Resides. Shared Household Defined Under Section 2(s) of Protection of Women from Domestic Violence Act, 2005 Includes Residence of Wife's Brother Where She Stays for Education.

28 Nov 2023

The case involves a criminal revision application filed by the husband, Nitin Vikas Karake, challenging the orders of the JMFC, Satara and the Session...

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

Bombay High Court Dismisses Husband's Transfer Petition in Domestic Violence Case — Maintains Wife's Choice of Forum Under PWDV Act. The court held that the wife's choice of forum under Section 12 of the Protection of Women from Domestic Violence Act, 2005 cannot be overridden by the husband's convenience under Section 24 CPC.

20 Dec 2023

The judgment concerns two Miscellaneous Civil Applications filed by husbands seeking transfer of proceedings initiated by their wives under the Protec...

High Court

Bombay High Court Dismisses Daughter's Challenge to Eviction Order Under Senior Citizens Act; Holds That Maintenance Includes Residence and Tribunal Can Order Eviction to Secure Senior Citizen's Residence.

25 Nov 2021

The dispute involved a challenge by a German citizen daughter against an eviction order passed by the Welfare Tribunal under the Maintenance and Welfa...

High Court

Bombay High Court Allows Stay of Maintenance to Major Unmarried Daughter Under Hindu Marriage Act — Section 26 Does Not Cover Major Children. Maintenance of Rs.10,000 per month to major daughter set aside as Section 26 of Hindu Marriage Act, 1955 only applies to minor children.

3 Apr 2018

The case involves a Civil Application filed by Rajendra Mahadeo Deokule (the applicant/original appellant) seeking stay of an order dated 16th July 20...

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