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 Allows Mother's Appeal in Maintenance Case: DNA Test Cannot Rebut Presumption of Legitimacy Under Section 112 of Indian Evidence Act, 1872. The Court held that a child born during a valid marriage is entitled to maintenance from the legal father despite a negative DNA test, as the presumption of legitimacy is conclusive and can only be rebutted by proof of non-access.

21 Apr 2026

The appellant, was employed as domestic help in the residence of the respondent, for three years, during which the respondent established a sexual rel...

High Court

High Court Quashes FIR Against Husband and In-Laws in Matrimonial Dispute Under Section 482 CrPC Due to Abuse of Process. Allegations of Harassment and Dowry Demands Under Sections 498A and 504 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, Found Vague and Lacking Territorial Jurisdiction for Incidents Abroad.

8 Jan 2026

The case involved a criminal petition filed by four petitioners—the husband, father-in-law, mother-in-law, and brother-in-law—seeking to q...

Supreme Court

Supreme Court Allows Husband's Appeal in Matrimonial Dispute, Granting Divorce and Awarding Permanent Alimony. Marriage Dissolved Under Article 142 of Constitution Due to Irretrievable Breakdown After 17-Year Separation, with Rs. 40 Lakhs Alimony Ordered as One-Time Settlement.

26 Mar 2025

The appeal arose from a matrimonial dispute where the husband challenged the High Court's dismissal of his criminal revision seeking adjustment of mai...

High Court

Bombay High Court Allows Quashing of Criminal Proceedings in Multiple Matrimonial Dispute Cases Based on Compromise. Inherent Powers Under Section 482 CrPC Used to Quash Non-Compoundable Offences Where Settlement is Genuine and Voluntary.

6 Jun 2023

The judgment involves four separate criminal applications and two writ petitions filed before the Bombay High Court, Nagpur Bench, seeking quashing of...

Supreme Court

Supreme Court Dismisses Transfer Petitions in Criminal and Domestic Violence Cases — No Ground Made Out for Transfer from Madurai to Bangalore. The Court held that the transfer petitions were bereft of merit and dismissed them without detailed findings to avoid affecting pending litigations under Section 406 CrPC and Section 12 of the Protection of Women from Domestic Violence Act, 2005.

15 Jun 2022

The petitioner, S.M. Shoba, filed two transfer petitions under Section 406 of the Code of Criminal Procedure, 1973 read with Order XXXIX Rule 1 of the...

High Court

High Court of Karnataka Quashes Criminal Proceedings in Dowry Harassment Case Due to Lack of Territorial Jurisdiction. Proceedings under Sections 324 and 498A IPC initiated at Mangaluru set aside as no part of cause of action arose within that jurisdiction.

21 Jan 2020

The petitioner, Dr. Aakash Shetty, filed a petition under Section 482 Cr.P.C. seeking quashing of proceedings in C.C.No.1712/2017 (P.C.No.100/2016) pe...

High Court

Bombay High Court Upholds Interim Maintenance to Wife Under DV Act Despite Dismissal of Main Complaint — Appeal Court Has Power to Grant Interim Relief Pending Appeal

13 Feb 2019

The petitioner, Gananath Vishwanathan Shenoy, challenged an order dated 05.07.2018 passed by the learned District Judge-8 and Additional Sessions Judg...

High Court

Bombay High Court Examines Constitutionality of National Investigation Agency Act, 2008, in Malegaon Blast Case. Petitioners Challenged Legislative Competence and Transfer of Investigation Without State Consent, Arguing Encroachment on State Police Powers.

11 Oct 2013

The matter arose from two criminal writ petitions filed in the Bombay High Court challenging the constitutional validity of the National Investigation...

High Court

Bombay High Court Dismisses Applicant's Petition Under Section 482 CrPC in Domestic Violence Case — Observations in Appellate Interim Order Not Binding on Trial Magistrate. The Court held that the Magistrate must decide the final application under the Protection of Women from Domestic Violence Act, 2005 independently without being influenced by interim appellate observations.

6 Dec 2012

The applicant, Prabha Arora, filed an application under the Protection of Women from Domestic Violence Act, 2005 before the Judicial Magistrate First ...

High Court

Bombay High Court Dismisses Revision Against Conversion of Conviction from Section 325 to Section 323 IPC — Procedural Amendment Not Retrospective to Affect Accused's Vested Right of Appeal. The court held that the proviso to Section 372 CrPC inserted in 2009 is prospective and does not apply to judgments delivered before its commencement, thus the revision could not be converted into an appeal.

25 Oct 2012

The petitioner, Nandabai, was the original complainant in a criminal case against the respondent-accused, Maruti Gopala Mehetre, for causing hurt. The...

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