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Search Results for "domestic violence proceedings"

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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 Allows Revision in Domestic Violence Case — Customary Marriage Recognized as Domestic Relationship. Applicant wife held entitled to maintain petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 despite marriage being performed as per 'sate-lote' custom, as the relationship falls within 'domestic relationship' under Section 2(f) of the Act.

19 Oct 2023

The applicant, Sau. Anita Ambadas @ Ambu Shivarkar, filed a criminal revision application challenging the judgment and order dated 17.08.2018 passed b...

High Court

Bombay High Court Allows Revision in Domestic Violence Case — Sets Aside Concurrent Dismissal of Complaint Under Section 12 of Protection of Women from Domestic Violence Act, 2005. Court Holds That Relationship by Customary Marriage or Blood Ties Falls Within 'Domestic Relationship' Under Section 2(f) of the Act, and Remands Matter for Fresh Consideration on Merits.

19 Oct 2023

The applicant, Sau. Anita Ambadas @ Ambu Shivarkar, filed a criminal revision application challenging the judgment and order dated 17.08.2018 passed b...

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

Bombay High Court Dismisses Petition Challenging Maintenance Order Under Domestic Violence Act — Wife Entitled to Residence in Husband's Father's Flat as Shared Household. The court held that the flat owned by the husband's father, where the wife resided after marriage, is a 'shared household' under Section 2(s) of the Protection of Women from Domestic Violence Act, 2005, entitling her to residence and maintenance.

9 Sep 2015

The petitioners, husband and his family members, challenged the concurrent orders of the Judicial Magistrate First Class, Zari Jamni, and the Ad Hoc A...

High Court

Bombay High Court Allows Husband's Revision Against Maintenance Order Under DV Act — Appellate Court Failed to Reappreciate Evidence and Record Reasons for Disagreement with Trial Court. The court held that the appellate court must independently reappreciate evidence and record reasons for disagreement, and that the wife failed to prove domestic violence under the Protection of Women from Domestic Violence Act, 2005.

9 Mar 2023

The petitioner/husband filed a criminal revision against the judgment and order of the learned Additional Sessions Judge, Aurangabad, in PWDVA Appeal ...

High Court

Bombay High Court Allows Petition in Domestic Violence Act Case — Appellate Court Erred in Applying Section 125 CrPC Standards to Proceedings Under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The High Court quashed the Sessions Court order that set aside interim maintenance, holding that the DV Act provides an independent remedy not governed by Section 125 CrPC.

27 Sep 2019

The petitioner, Surekha Nanaso Jagtap, filed a petition under Article 227 of the Constitution of India challenging an order passed by the Sessions Jud...

High Court

Bombay High Court Dismisses Petition by Husband and In-laws Challenging Maintenance and Residence Orders Under Domestic Violence Act. Concurrent Findings of Domestic Violence and Right to Shared Household Upheld.

9 Sep 2015

The case involves a criminal writ petition filed by Prashant Maggidwar and his family members (petitioners) challenging concurrent orders passed by th...

High Court

Bombay High Court Quashes Domestic Violence Proceedings Against Son-in-Law and His Sons Due to Lack of Domestic Relationship. Mother-in-law not entitled to maintain application under Protection of Women from Domestic Violence Act, 2005 as she is not an 'aggrieved person' within the meaning of Section 2(a) of the Act.

10 Feb 2010

The petitioners, Ganesh s/o Rajendra Kapratwar, Abhijeet s/o Ganeshrao Kapratwar, and Parijeet s/o Ganeshrao Kapratwar, filed a Criminal Writ Petition...

High Court

Bombay High Court Dismisses Writ Petition Challenging Interim Order Excluding Husband from Matrimonial Home in Domestic Violence Case. Spouse’s Right to Protection Against Domestic Violence Held to be a Human Right Independent of Ownership, and Chronic Alcoholism Found to Constitute Domestic Violence Justifying Exclusion Order Under Protection of Women from Domestic Violence Act, 2005.

23 Mar 2011

The dispute arose from a matrimonial conflict where the wife filed a petition for divorce and other reliefs before the Family Court, Mumbai, alleging ...

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