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Search Results for "Domestic Violence"

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Supreme Court

Supreme Court Allows Appeal in Domestic Violence Case — Limitation Not Applicable to Filing of Application Under Section 12 of Protection of Women from Domestic Violence Act, 2005. The High Court erred in quashing proceedings on ground of limitation as the Act does not prescribe any limitation period for filing an application under Section 12.

20 Apr 2022

The appellant, Kamatchi, filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (the Act) against her husba...

High Court

Bombay High Court Allows Criminal Writ Petition of Divorced Wife in Domestic Violence Act Case — Subsistence of Marriage Not Required for Maintainability. Economic Abuse After Divorce Can Be Addressed Under Section 12 of Protection of Women from Domestic Violence Act, 2005.

13 Feb 2014

The petitioner, Ms. Aradhana Walkade, and the respondent, Mr. Chandrashekar Vaidya, were married on 8/8/2001 and had a daughter. They were divorced by...

High Court

Bombay High Court Allows Revision in Domestic Violence Case — Restores Possession of Business Premises and Grants Maintenance. Held that a widow is entitled to shared household and maintenance under the Protection of Women from Domestic Violence Act, 2005, even if the property is in the name of other family members.

3 May 2019

The case involves a criminal revision application filed by Smt. Sapna wd/o Nilesh Patel against the common judgment dated 18th April, 2015 passed by t...

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

High Court of Karnataka Quashes DV Act Complaint Against In-Laws for Lack of Domestic Relationship. Petition under Section 482 CrPC allowed as petitioners, being relatives of husband, did not share a 'domestic relationship' with the complainant under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005.

10 Dec 2021

The petitioners, who are the father-in-law, mother-in-law, brother-in-law, and sister-in-law of the respondent-complainant, filed a petition under Sec...

High Court

Bombay High Court Allows Wife's Revision Against Magistrate's Order in Domestic Violence Case — Breach of Protection Order Under Section 31 of DV Act is Cognizable Offence. The court held that the Magistrate must take cognizance of breach of protection order under Section 31 of the Domestic Violence Act, 2005, and proceed accordingly, as the breach is a cognizable offence.

7 Sep 2018

The applicant wife filed three revision applications under Section 401 of the Code of Criminal Procedure, 1973, challenging the order of the Sessions ...

High Court

Bombay High Court Allows Maintenance Under DV Act Despite Existing Family Court Order — Dual Maintenance Permissible Under Section 20(1)(d) of Protection of Women from Domestic Violence Act, 2005. The appellate court erred in setting aside maintenance order solely because another maintenance order existed under Section 125 CrPC, as relief under DV Act is independent.

2 Feb 2018

The petitioner, Mamta Gautam Wankhede, filed a criminal writ petition challenging the order dated 16/01/2017 passed by the Additional Sessions Judge, ...

High Court

Bombay High Court Dismisses Wife's Transfer Petition Under Section 24 CPC Seeking Transfer of DV Act Case to Family Court — Metropolitan Magistrate Not Subordinate to High Court Under CPC. Transfer Under Article 227 Also Denied as Proceedings Were at Advanced Stage and No Prejudice Shown.

10 Dec 2015

The applicant wife filed a Miscellaneous Civil Application under Section 24 of the Code of Civil Procedure, 1908, and also invoked Article 227 of the ...

High Court

Bombay High Court Dismisses Petition Challenging Maintenance Orders Under Domestic Violence Act — Son's Majority Does Not Bar Maintenance. The court upheld maintenance for wife and son under Section 20 of the Protection of Women from Domestic Violence Act, 2005, rejecting the husband's argument that the son's attainment of majority disentitles him.

9 Aug 2011

The petitioner, Maroti Lande, challenged orders passed by the Judicial Magistrate, First Class, Pombhurna and the Additional Sessions Judge, Chandrapu...

Supreme Court

Supreme Court Quashes Domestic Violence Proceedings in Favor of Husband Due to Binding Mediated Settlement. The Court Held That Proceeding with a Domestic Violence Complaint After a Comprehensive Settlement Including a No-Litigation Clause and Substantial Transfers Constitutes an Abuse of Process Under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

13 Apr 2026

The dispute arose from matrimonial discord between a husband and wife, leading to a mediated settlement agreement dated 16.05.2024 that resolved all d...

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