Search Results for "Domestic Violence Act"

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Search Results for "Domestic Violence Act"

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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

Gujarat High Court Allows Transfer of Divorce Suit from Botad to Surendranagar on Wife's Plea of Convenience and Jurisdiction under Section 24 CPC. Wife's maintenance proceedings already pending at Surendranagar, and marriage was solemnized at Dhangadhra within Surendranagar district.

27 Mar 2026

The present application was filed by the wife, Gitaben Chandubhai Prajapati, under Section 24 of the Code of Civil Procedure, 1908, seeking transfer o...

High Court

High Court of Karnataka Quashes Family Court Order Denying Interim Maintenance to Wife and Children in Domestic Violence Case — Held That Maintenance Cannot Be Denied on Ground of Wife's Earning Capacity Without Assessing Actual Income and Needs of Children.

28 Feb 2024

The petitioners, Smt. Shylaja S.R. (wife) and her two minor sons, filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

High Court

Bombay High Court Quashes Enhancement of Interim Maintenance in Domestic Violence Case — Appellate Court Failed to Provide Reasons for Enhancement. The court held that enhancement of interim maintenance without specific reasons was unjustified and restored the Trial Court's order.

12 Feb 2024

The petitioner, Rajkumar Laldhar Sharma, challenged an order of the Appellate Authority under the Protection of Women from Domestic Violence Act, 2005...

High Court

Bombay High Court Allows Transfer of Divorce Proceedings from Nashik to Jaysingpur on Grounds of Wife's Convenience and Hardship. Wife's medical condition, lack of income, and responsibility for school-going daughter considered sufficient cause for transfer under Section 24 CPC.

15 Sep 2023

The applicant-wife, Mrs. Priyanka Rahul Patil, filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, seeking ...

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

Bombay High Court Upholds Maintenance of Rs.1500 per Month in Domestic Violence Case. The court held that the wife is entitled to maintenance under the Protection of Women from Domestic Violence Act, 2005, and the quantum is not excessive.

22 Dec 2018

The case involves a wife, Mrunal Talmale, who filed an application under the Protection of Women from Domestic Violence Act, 2005, seeking maintenance...

High Court

Bombay High Court Dismisses Section 9 Petition for Lack of Territorial Jurisdiction in Foreign Award Enforcement. Court holds that under the amended Section 2(1)(e) of the Arbitration and Conciliation Act, 1996, only the High Court having jurisdiction over the subject matter of the award can entertain interim measures, not any court where assets are located.

9 Oct 2017

The petitioner, Trammo DMCC, a company incorporated in the UAE, obtained a foreign arbitral award against the respondent, Nagarjuna Fertilizers and Ch...

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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