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Search Results for "Domestic Violence"

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High Court

Bombay High Court Allows Wife's Petition in Domestic Violence Maintenance Case — Appellate Court's Reversal Set Aside. Trial Court's Order Granting Maintenance Under Sections 20 and 22 of Protection of Women from Domestic Violence Act, 2005 Restored Due to Lack of Proper Evidence by Husband.

14 Sep 2017

The petitioner, Sarita Maladhare, filed a criminal writ petition challenging an order dated 24 July 2012 passed by the Additional Sessions Judge-5, Na...

High Court

Bombay High Court Partially Allows Petition Challenging Stay Order in Maintenance and Custody Case — Refuses to Stay Monthly Maintenance and Custody Direction While Staying Compensation and Return of Gold Ornaments. The court upheld the appellate court's discretion to grant partial stay under Section 125 CrPC, emphasizing the wife's right to maintenance and child custody.

31 Jul 2019

The petitioners, six family members including the husband and his relatives, challenged an order dated 15/06/2018 (actually 12/06/2018) passed by the ...

High Court

Bombay High Court Allows Wife's Application Challenging Denial of Interim Maintenance in DV Act Case — Magistrate's Order Set Aside for Non-Compliance with Section 23 of DV Act. The Court held that the Magistrate must record reasons for denying interim relief under the Protection of Women from Domestic Violence Act, 2005, and the appellate court must independently assess the evidence.

2 Nov 2018

The applicant, Mrs. Payal Sudeep Laad, filed an application under Section 482 of the Code of Criminal Procedure, 1973, challenging the order dated 3rd...

High Court

High Court of Karnataka Upholds Maintenance and Residence Order for Wife Under DV Act — Revision Petition Dismissed. Concurrent findings of trial and appellate courts granting monthly maintenance of Rs.3,000, medical expenses, and separate residence to the wife are affirmed, rejecting husband's claim of wife's adultery and refusal to live with in-laws.

30 Nov 2021

The revision petition was filed by the husband and his family members (petitioners) challenging the order of the 1st Additional Sessions Judge, Kalabu...

High Court

Bombay High Court Dismisses Revision Against Refusal of DNA Test in Domestic Violence Proceedings — Paternity Dispute Cannot Be Decided Collaterally in DV Act Proceedings. The court upheld the concurrent findings of the Magistrate and Sessions Court rejecting the application for DNA test of the son, as the issue of paternity was not relevant for relief under the Protection of Women from Domestic Violence Act, 2005.

10 Jul 2018

The revision application was filed by Mr. Pramod Purushottam Sathe (applicant) challenging the order dated 16th February, 2016 passed by the Metropoli...

High Court

Karnataka High Court Dismisses Revision Petition in Maintenance Case Under Section 125 CrPC — Upholds Maintenance to Wife Despite Husband's Second Marriage. Court Held That a Wife Is Entitled to Maintenance Even If She Refuses to Live with Husband Due to His Second Marriage, as Such Refusal Is Based on Justifiable Ground Under Explanation to Section 125(3) CrPC.

24 Jan 2019

The petitioner, Smt. Shakuntala, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, c...

High Court

Bombay High Court Allows Second Wife's Petition Under Domestic Violence Act — Restores Protection and Maintenance Orders. Cohabitation in Shared Household for 4-5 Years Establishes Domestic Relationship Under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

2 Nov 2012

The petitioner, Pratibha Andhare, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India challenging the judgment of t...

High Court

Bombay High Court Dismisses Revision in Domestic Violence Case — No Domestic Relationship After Divorce. Wife's Application Under Sections 12 and 18 of Protection of Women From Domestic Violence Act, 2005 Rejected as She Was Not Living with Husband After Divorce Granted in 2008.

18 Apr 2019

The case involves a criminal revision application filed by Smt. Sadhana Walwatkar against the dismissal of her application under Sections 12 and 18 of...

High Court

Bombay High Court Dismisses Revision Against Interim Maintenance Under Domestic Violence Act — Prior Maintenance Order Does Not Bar Additional Relief Under DV Act. Economic Violence Found as Domestic Violence Under Section 3 of Protection of Women from Domestic Violence Act, 2005.

1 Oct 2014

The applicant, Deepak Mahaveerprasad Gupta, filed a criminal revision application challenging the interim orders passed by the Judicial Magistrate, Fi...

High Court

Transfer of Domestic Violence Proceedings from Girgaon Court to Family Court at Bandra Allowed for Consolidated Hearing. Consolidation of matrimonial and domestic violence proceedings to avoid multiplicity of litigation and conflicting judgments.

4 Sep 2024

The Bombay High Court allowed the transfer of domestic violence proceedings from the Additional Chief Metropolitan Magistrate, Girgaon, to the Family ...

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