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Search Results for "domestic violence proceedings"

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High Court

Bombay High Court Allows Petition of Married Sister-in-Law in DV Act Case Due to Absence of Domestic Relationship. Petitioner Never Resided with Complainant in Shared Household, Hence Not a 'Respondent' Under Section 2(q) of Protection of Women from Domestic Violence Act, 2005.

14 Feb 2024

The case involves a petition filed by Mrs. Kinjal Jayesh Mehta challenging an order of the Sessions Court that set aside the Metropolitan Magistrate's...

High Court

Bombay High Court Quashes Process Against Accused in Domestic Violence Case Due to Lack of Territorial Jurisdiction. Complaint Filed at Nandurbar While Incident Occurred at Tenbhurne, Buldhana District, Violating Section 177 Cr.P.C.

15 Jun 2016

The petitioners, 13 individuals, were aggrieved by an order dated 17.03.2012 passed by the Judicial Magistrate First Class, Nandurbar, issuing process...

High Court

High Court Dismisses Petition Challenging Domestic Violence Proceedings - Relationship in Nature of Marriage Established Under Protection of Women from Domestic Violence Act, 2005

20 Jan 2026

The High Court dismissed a Criminal Writ Petition filed by four petitioners seeking to quash proceedings under Protection of Women from Domestic Viole...

High Court

Bombay High Court Dismisses Petition Challenging Affidavit-in-Evidence in DV Act Proceedings — Section 28(2) of Protection of Women from Domestic Violence Act, 2005 Allows Court to Lay Down Its Own Procedure. Husband's Objection to Wife's Affidavit-in-Evidence Rejected as Magistrate's Order Permitting Affidavit-in-Evidence Was Justified to Expedite Proceedings.

22 Mar 2018

The petitioner-husband filed a writ petition challenging the order of the learned Judicial Magistrate First Class, Cantonment, Pune, which permitted t...

High Court

Bombay High Court Quashes Process Against Aunt and Uncle in Domestic Violence Case — Relatives Not 'Respondents' Under DV Act. Relationship of aunt by marriage does not fall within 'domestic relationship' under Section 2(f) of Protection of Women from Domestic Violence Act, 2005 as it is not a relationship of consanguinity, marriage, or a relationship in the nature of marriage.

5 Sep 2018

The petitioners, Mr. Prabhakar Mohite and Mrs. Vijaya Prabhakar Mohite, filed a writ petition under Article 226 of the Constitution of India read with...

High Court

Bombay High Court Allows Wife's Petition Against In-laws in Domestic Violence Case — Sets Aside Appellate Order Dismissing Complaint. Held that relatives living abroad can be subjected to proceedings under the Protection of Women from Domestic Violence Act, 2005 if they have committed acts of domestic violence within India.

5 Apr 2023

The petitioner, Sou. Shradha Fogla, filed a petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Crim...

High Court

Bombay High Court Dismisses Revision Against Protection Order Under Domestic Violence Act — Shared Household Right Upheld. Wife's Right to Reside in Matrimonial Home Owned by Father-in-Law Recognized as Shared Household Under Section 2(s) of Protection of Women from Domestic Violence Act, 2005.

18 Jan 2016

The case involves a revision application filed by the husband and his family members challenging the judgment and order of the Additional Sessions Jud...

High Court

Bombay High Court Quashes Domestic Violence Complaint Against Husband Due to Settlement and Lack of Domestic Relationship. The court held that since the wife had voluntarily left the matrimonial home and accepted a full settlement, the complaint under Sections 12, 18, 21, 23 of the Protection of Women from Domestic Violence Act, 2005 was not maintainable.

25 Sep 2014

The applicant, Amitabh Upadhyay, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of Complaint...

High Court

Bombay High Court Considers Reference on Applicability of Section 482 CrPC to Domestic Violence Proceedings; Conflicting Precedents on Nature of Proceedings Under Section 12(1) of the D.V. Act Lead to Full Bench. Key Question Involves Whether Inherent Powers of High Court Can Quash D.V. Act Applications Given Their Predominantly Civil Character.

3 May 2018

The matter came before the Bombay High Court, Nagpur Bench, as a reference to a Full Bench to resolve conflicting decisions on whether proceedings und...

High Court

Bombay High Court Dismisses Quashing of Domestic Violence Complaint Against Female Relatives. Definition of 'Respondent' Under Section 2(q) of Protection of Women from Domestic Violence Act, 2005 Includes Adult Female Members of Family.

30 Jan 2015

The applicants, who are adult female members of the family, challenged an order dated 10/3/2014 passed by the Judicial Magistrate, First Class, Nagpur...

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