Search Results for "Domestic Violence Act, 2005"

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Supreme Court Upholds Conviction of Husband in Murder Case Based on Dying Declaration. Concurrent findings of guilt under Sections 302 and 342 IPC affirmed as dying declaration was properly recorded, consistent, and credible, meeting admissibility criteria under evidence law.

The Supreme Court considered a criminal appeal challenging concurrent convictions for murder and wrongful confinement. The appellant was accused of be...

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Bombay High Court Dismisses Husband's Transfer Application in Domestic Violence Case with Costs for Frivolous Litigation. Court warns that filing transfer applications without merit amounts to abuse of process and imposes costs of Rs. 25,000.

The case involves a transfer application filed by the husband (applicant) seeking transfer of a Domestic Violence complaint filed by the wife (respond...

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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.

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...

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Supreme Court Allows Appeals in Section 498A Jurisdiction Case — Courts at Wife's Parental Home Have Jurisdiction Even Without Overt Acts of Cruelty There. Continuing Offence and Consequence-Based Jurisdiction Under CrPC Sections 178 and 179 Apply to Section 498A IPC.

The case involves a group of appeals before the Supreme Court of India concerning the jurisdictional issue under Section 498A of the Indian Penal Code...

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Bombay High Court Allows Wife to File Counterclaim for Restitution of Conjugal Rights and Reliefs Under Domestic Violence Act in Pending Divorce Proceeding — Limitation Under Order VIII Rule 6A CPC Not Applicable to Counterclaim Under Section 23A of Hindu Marriage Act, 1955

The petitioner, Ruchi Gour, wife of Bhanupratapsingh Gour, filed a writ petition challenging an order dated 27-07-2016 passed by the Family Court, Nag...