Search Results for "Domestic Violence Act, 2005"

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Search Results for "Domestic Violence Act, 2005"

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Supreme Court

Supreme Court Dismisses Husband's Divorce Appeal in Cruelty and Adultery Case — Irretrievable Breakdown Not a Ground for Divorce Under Hindu Marriage Act, 1955. Court holds that allegations of adultery and cruelty must be proved by evidence, and irretrievable breakdown of marriage is not a statutory ground for divorce under Section 13 of the Hindu Marriage Act, 1955.

1 Jan 2026

The present appeal arises from a judgment of the Allahabad High Court dismissing the husband's appeal against the Family Court's order rejecting his d...

Supreme Court

Supreme Court Allows Husband's Appeal in Muslim Divorcee Maintenance Case — Section 125 CrPC Remedy Not Barred by Muslim Women Act. The Court held that a divorced Muslim woman can claim maintenance under Section 125 CrPC despite the Muslim Women (Protection of Rights on Divorce) Act, 1986, as the latter does not expressly or impliedly bar the secular remedy.

10 Jul 2024

The appeal arose from an order of the High Court of Telangana which reduced interim maintenance payable by the appellant-husband to the respondent-wif...

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 Allows Second Appeal in Muslim Divorce Case — Civil Court Cannot Grant Maintenance and Matrimonial Property Relief in Suit Under Dissolution of Muslim Marriages Act, 1939. Held that reliefs of maintenance and share in jointly owned property are not ancillary to divorce under Section 2 of the Act and must be pursued under separate statutory forums.

2 Aug 2018

The case involves a Second Appeal filed by the husband (appellant) against the judgment of the District Judge, Thane, which partly allowed the wife's ...

High Court

Bombay High Court Allows Husband's Revision, Holds Interim Maintenance Under DV Act Adjustable Against Section 125 CrPC Arrears. Maintenance paid under interim orders of the Protection of Women from Domestic Violence Act, 2005 can be adjusted against final maintenance order under Section 125 of the Code of Criminal Procedure, 1973 to prevent double payment.

13 Jun 2018

In this criminal revision, the Bombay High Court (Aurangabad Bench) examined whether interim maintenance paid under the Protection of Women from Domes...

High Court

High Court of Karnataka Dismisses Husband's Appeal for Divorce on Grounds of Cruelty and Desertion — Allegations Not Proved Under Section 13(1)(i-a)(i-b) of Hindu Marriage Act, 1955. Wife's temporary stay at parental home and filing of maintenance petition do not constitute cruelty or desertion.

1 Jun 2018

The appellant-husband, Shri Amit, filed a petition under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955, seeking dissolution of his marr...

High Court

Bombay High Court Enhances Maintenance for Wife and Children in Matrimonial Dispute — Husband's Income and Status Considered Under Section 125 CrPC. The court held that the Family Court failed to adequately assess the husband's income and the needs of the wife and children, warranting enhancement of maintenance.

20 Apr 2018

The petitioner, Swati Vedant Jatia, filed a writ petition challenging the order dated 11 September 2017 passed by the Family Court No.4, Mumbai, which...

High Court

Bombay High Court Dismisses Petition Challenging Interim Maintenance Under DV Act — Procedural Lapses Not Fatal in Beneficial Legislation. The court held that the Protection of Women from Domestic Violence Act, 2005 being a beneficial legislation, its provisions cannot be strictly construed, and interim maintenance can be granted even if the application is not in prescribed form.

4 Apr 2013

The petitioners, including the husband and his relatives, challenged an order dated 21st October 2010 passed by the 5th Judicial Magistrate, First Cla...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Family Court Ex-Parte Order and DV Act Complaint as Frivolous. Family Court's Direction to Proceed Ex-Parte Upheld and DV Act Complaint Cannot Be Quashed as It Is Not a Criminal Proceeding Under Protection of Women from Domestic Violence Act, 2005.

14 Mar 2013

The petitioner, Natarajan Sundaresan, filed two writ petitions before the Bombay High Court challenging orders passed in family court and magistrate p...

Supreme Court

Supreme Court Adjudicates Claim of Transgender Teacher Alleging Discrimination and Termination from Two Private Schools under the Transgender Persons (Protection of Rights) Act, 2019. Court Emphasizes Necessity of Effective Implementation of Statutory Protections and Equality for the Transgender Community.

1 Jan 1970

The Supreme Court of India, in a writ petition filed under Article 32 of the Constitution, examined the pervasive discrimination faced by transgender ...

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