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Search Results for "domestic violence proceedings"

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High Court

Bombay High Court Quashes Process Against Senior Citizen Parents-in-Law in Domestic Violence Case. No Domestic Relationship Established as Daughter-in-Law Never Resided with Them in Shared Household Under Section 12 of Protection of Women from Domestic Violence Act, 2005.

6 Sep 2018

The present criminal application was filed by two senior citizens, aged 73 and 67 years, seeking quashing of the process issued against them by the Ju...

High Court

High Court of Bombay Dismisses Revision Under Domestic Violence Act for Lack of Legally Possible Marriage. Court Holds That Relationship in Nature of Marriage Requires Both Parties to Be Unmarried and That Subsisting First Marriage Bars Relief Under Section 2(f) of Protection of Women from Domestic Violence Act, 2005.

25 Jul 2018

The Criminal Revision Application arose from proceedings under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The applicant, a Jai...

High Court

Bombay High Court Allows Revision by Parents-in-Law in DV Act Case — Sets Aside Sessions Court Order Restoring Complaint Against Them. Held that in-laws cannot be proceeded against under DV Act in absence of shared household or domestic relationship with complainant after marriage.

1 Feb 2024

The case involves a revision application filed by Rashmi Mehrotra and Anoop Mehrotra, the parents-in-law of respondent No.1, Manvi Sheth. Manvi Sheth ...

High Court

Bombay High Court (Nagpur Bench) Quashes Order of Principal District Judge, Nagpur in Domestic Violence Appeal and Restores Magistrate’s Dismissal of Petition Under Section 12 of Protection of Women from Domestic Violence Act, 2005 — Admissions of Wife in Other Proceedings Prove Residence at Saunsar, Not Nagpur, Thus No Temporary Residence to Confer Jurisdiction. Pursuing Court Cases Does Not Constitute Temporary Residence; Temporary Residence Must Be in Ordinary Course and Not Set Up to Confer Jurisdiction Under Section 27 of the Act.

6 Apr 2018

The dispute arose from a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 filed by the respondent (wife) before t...

High Court

Bombay High Court Dismisses Husband's Revision, Upholds Enhanced Maintenance Under DV Act for Wife and Minor Son. Maintenance of Rs. 16,000/- per month for wife and Rs. 2,500/- per month for minor son upheld as just and proper considering husband's income and needs.

9 Jun 2023

The case involves a criminal revision application filed by the husband (applicant) challenging the judgment and order dated 17.11.2021 passed by the l...

High Court

Bombay High Court Dismisses Petition by Husband and Relatives Challenging Maintenance Order Under DV Act — Shared Household Definition Includes Property of Relatives, Valid Marriage Not Required for Protection.

14 Sep 2015

The respondent, Vaishali Subhash Chaware, filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) b...

High Court

Bombay High Court Upholds Family Court Order Directing Husband to Vacate Matrimonial Home in Favor of Wife Under Protection of Women from Domestic Violence Act, 2005. Joint Ownership Does Not Bar Wife's Right to Residence.

30 Nov 2017

The petitioner husband filed a writ petition under Article 227 of the Constitution of India challenging two orders passed by the Family Court No.2, Pu...

High Court

High Court of Karnataka Quashes Domestic Violence Proceedings Due to Lack of Domestic Relationship and Limitation. Complaint under Section 12 of Protection of Women from Domestic Violence Act, 2005, filed by wife against husband and sister-in-law after 18 years of separation held not maintainable.

6 Mar 2015

The petitioners, Sri N Shashikumar and Smt Indira Devi, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash...

High Court

Bombay High Court Allows Quashing of DV Act Proceedings Due to Lack of Territorial Jurisdiction. Acts of Domestic Violence Allegedly Occurred in Germany, Not Within India, Hence Magistrate at Nagpur Had No Jurisdiction Under Section 27 of Protection of Women from Domestic Violence Act, 2005.

29 Mar 2023

The applicant, Sumeet Ninave, challenged an order dated 21.10.2022 passed by the Additional Chief Judicial Magistrate, Nagpur, rejecting his applicati...

High Court

Bombay High Court Allows Husband's Petition Against Maintenance Order Under Domestic Violence Act — Interim Maintenance Cannot Be Granted Without Notice. Order Passed Without Notice Violates Natural Justice; Correction Under Section 465 CrPC Cannot Supply Missing Substantive Part.

27 Sep 2011

The petitioner, Syed Naim, husband of respondent No.1, filed a criminal writ petition under Article 227 of the Constitution of India challenging the j...

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