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Supreme Court

Supreme Court Dismisses Wife's Application to Vacate Status Quo in Matrimonial Dispute — Alternative Relief of Rent and Maintenance Granted. The Court upheld the arrangement of alternative accommodation with rent paid by husband, rejecting the wife's claim to return to the matrimonial home.

3 Dec 2021

The case involves a long-standing matrimonial dispute between Jaidev Rajnikant Shroff (appellant-husband) and Poonam Jaidev Shroff (respondent-wife). ...

High Court

Bombay High Court Quashes Domestic Violence Proceedings Against Husband and In-laws Due to Lack of Territorial Jurisdiction. Complaint Filed at Pune While Shared Household Was in Hyderabad — Held That Jurisdiction Lies Where Cause of Action Arises, Not at Wife's Temporary Residence.

2 Mar 2016

The petitioners, the husband and his parents, filed a writ petition under Article 227 of the Constitution of India challenging the proceedings initiat...

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...

Supreme Court

Supreme Court Allows Wife's Right to Reside in Matrimonial Home Under MHADA Scheme — Emphasizes Rehabilitation of Dishoused Occupiers. The Court held that the wife's right to residence is not absolute and must be balanced with the rights of co-owners and the terms of the redevelopment agreement under Section 95-A of the Maharashtra Housing and Area Development Act, 1976.

27 Apr 2020

The appellant, Aishwarya Atul Pusalkar, filed a writ petition before the Bombay High Court seeking enforcement of her right to reside in her matrimoni...

High Court

Bombay High Court Allows Petition Under Article 227 and Section 482 CrPC, Sets Aside Magistrate's Order Returning DV Application for Want of Jurisdiction. Section 27 of the Domestic Violence Act, 2005 Confers Wide Territorial Jurisdiction Including Place Where the Aggrieved Person Temporarily Resides.

3 Dec 2021

The petitioner, Mrs. Afia Rasheed Khan, married Respondent No. 1 in December 1993 in Hyderabad and had a son, Respondent No. 2. She alleged that both ...

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

Bombay High Court Quashes Ex Parte Order Restraining Husband from Entering His Own Residence in Domestic Violence Case. Order Passed Without Notice Violates Principles of Natural Justice Under Section 23(2) of Protection of Women from Domestic Violence Act, 2005.

18 Oct 2019

The petitioner, Siddharth Sabharwal, filed a criminal writ petition under Article 226 of the Constitution of India before the Bombay High Court challe...

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

High Court Quashes Detention Order of Major Victim Under Immoral Traffic (Prevention) Act 1956 -- Victim&#039;s Fundamental Rights Upheld Over Speculative Risk of Relapse

16 Jan 2026

The High Court allowed a Writ Petition filed by Victim No.3 challenging her detention in a protective home under Section 17(4) of the Immoral Traffic ...

Supreme Court

Supreme Court Quashes High Court's Protective Order in Anticipatory Bail Dismissal - No Power to Grant Protection After Rejection Under Section 438 CrPC. The Court held that once anticipatory bail is rejected, the High Court cannot grant any protection from arrest as the proviso to Section 438(1) of the Code of Criminal Procedure, 1973 explicitly permits arrest, and no inherent power exists for such relief.

28 May 2021

The Supreme Court addressed criminal appeals arising from special leave petitions filed by complainants aggrieved by High Court orders. The background...

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