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Search Results for "domestic violence proceedings"

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High Court

Bombay High Court Upholds Protection Order in Domestic Violence Case — Maintenance and Residence Rights Granted to Wife and Minor Son. The court affirmed the orders under Sections 18, 19, 20, and 22 of the Protection of Women from Domestic Violence Act, 2005, finding that the wife had established domestic violence and was entitled to protection, residence, maintenance, and compensation.

18 Jan 2016

The case involves a revision application filed by the husband and his family members challenging the judgment and order dated 15th February 2014 passe...

High Court

Bombay High Court Dismisses Petition to Quash DV Complaint Against In-Laws in Broken Engagement Case — Domestic Violence Act Applies to Women in Domestic Relationships Including Engagements. The court held that an engagement creates a relationship in the nature of marriage under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, and in-laws can be respondents under Section 2(q).

10 Jun 2022

The petitioners, Aditya Anand Varma, his parents Anand Prakash Varma and Aarti Anand Varma, filed a writ petition under Article 226 of the Constitutio...

High Court

Bombay High Court Dismisses Petition Challenging Deletion of Relatives' Names in Domestic Violence Case — Definition of Respondent Under Section 2(q) of Protection of Women from Domestic Violence Act, 2005 Does Not Include Relatives Who Are Not Adult Male Persons in Domestic Relationship

27 Sep 2013

The petitioner, Sau. Kalpana W/o Santosh Jadhav, filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 aga...

High Court

Bombay High Court Dismisses Petition to Quash Domestic Violence Proceedings — Maintainability of Application Under Section 12 of DV Act Against Husband and In-Laws Upheld Despite Lack of Shared Household. The Court held that the wife's right to reside in a shared household is not contingent on her actual residence at the time of filing the application, and the Magistrate has jurisdiction to grant reliefs under the Protection of Women from Domestic Violence Act, 2005.

2 Mar 2016

The Bombay High Court dismissed a writ petition filed by the husband and his parents seeking quashing of proceedings initiated by the wife under Secti...

High Court

Bombay High Court Quashes FIR in Domestic Violence Case Due to Lack of Territorial Jurisdiction — Alleged Acts Occurred in USA, Not in India. The court held that the Domestic Violence Act, 2005 does not have extra-territorial operation and courts in India cannot assume jurisdiction over incidents that took place entirely outside India.

25 Sep 2019

The petitioner, Mohammad Zuber Farooqi, filed a Criminal Writ Petition under Article 226 of the Constitution read with Section 482 CrPC seeking quashi...

High Court

Bombay High Court Quashes DV Act Proceedings Against Married Sister and Brother-in-Law. Married Sister Not a 'Respondent' Under Protection of Women from Domestic Violence Act, 2005 as She Does Not Share a Domestic Relationship or Shared Household with the Aggrieved Wife.

20 Dec 2017

The applicants, including the husband, his parents, his married sister, and her husband, challenged proceedings initiated by the wife (respondent no.1...

High Court

High Court of Karnataka Quashes Proceedings in Domestic Violence Case Due to Lack of Jurisdiction and Non-Compliance with Procedural Requirements. The court held that the respondent did not have a domestic relationship with the petitioners and the application was filed in a court without territorial jurisdiction under the Protection of Women from Domestic Violence Act, 2005.

26 Feb 2019

The petitioners, eight individuals including Prakash Hasabi and others, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, se...

High Court

Bombay High Court Allows Transfer of DV Proceedings to Family Court for Joint Trial with Divorce Petition Under Section 24 CPC. Husband's Application Granted to Avoid Multiplicity of Proceedings and Conflicting Decisions in Matrimonial Disputes.

9 Jul 2024

The Bombay High Court allowed an application under Section 24 of the Code of Civil Procedure, 1908, filed by the husband seeking transfer of DV procee...

High Court

Bombay High Court Dismisses Revision Against Maintenance Order Under DV Act — Foreign Divorce Decree Does Not Bar Domestic Violence Proceedings. The court upheld the magistrate's order granting maintenance and right to residence to the wife under Sections 12, 17, 18, 19, 20, and 22 of the Protection of Women from Domestic Violence Act, 2005, rejecting the husband's argument that a US divorce decree precludes such relief.

22 Mar 2024

The case involves a revision application filed by Kaushal Arvind Thakker (applicant) challenging the judgment of the Sessions Court which dismissed hi...

High Court

Bombay High Court Dismisses Wife's Petition in Domestic Violence Case Due to Lack of Domestic Relationship. The court held that a wife who had been living separately for over 20 years and had no shared household with the husband could not claim relief under the Protection of Women from Domestic Violence Act, 2005.

28 Feb 2018

The petitioner, Anita Tambe, filed a criminal writ petition challenging the dismissal of her application under Section 12 of the Protection of Women f...

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