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Search Results for "Domestic Violence Act"

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High Court

Bombay High Court Dismisses Revision Against Maintenance Order Under DV Act — Foreign Divorce Decree Does Not Bar Domestic Violence Proceedings. The court upheld the magistrate's order granting maintenance and right to residence to the wife under Sections 12, 17, 18, 19, 20, and 22 of the Protection of Women from Domestic Violence Act, 2005, rejecting the husband's argument that a US divorce decree precludes such relief.

22 Mar 2024

The case involves a revision application filed by Kaushal Arvind Thakker (applicant) challenging the judgment of the Sessions Court which dismissed hi...

High Court

Bombay High Court Dismisses Husband's Transfer Petition in Domestic Violence Case — Maintains Wife's Choice of Forum Under PWDV Act. The court held that the wife's choice of forum under Section 12 of the Protection of Women from Domestic Violence Act, 2005 cannot be overridden by the husband's convenience under Section 24 CPC.

20 Dec 2023

The judgment concerns two Miscellaneous Civil Applications filed by husbands seeking transfer of proceedings initiated by their wives under the Protec...

High Court

Bombay High Court Dismisses Petition to Quash DV Complaint Against In-Laws in Broken Engagement Case — Domestic Violence Act Applies to Women in Domestic Relationships Including Engagements. The court held that an engagement creates a relationship in the nature of marriage under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, and in-laws can be respondents under Section 2(q).

10 Jun 2022

The petitioners, Aditya Anand Varma, his parents Anand Prakash Varma and Aarti Anand Varma, filed a writ petition under Article 226 of the Constitutio...

High Court

Bombay High Court Allows Transfer of Domestic Violence Proceedings to Family Court for Joint Trial with Divorce Petition. The Court held that the Family Court has jurisdiction under Section 7 of the Family Courts Act and Section 26 of the Domestic Violence Act to try both matters together to avoid multiplicity of proceedings.

6 Sep 2018

The petitioner, Sandip Mrinmoy Chakraboarty, filed a Criminal Writ Petition before the Bombay High Court seeking transfer of proceedings under the Pro...

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

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 Dismisses Petition to Quash Domestic Violence Proceedings — Maintainability of Application Under Section 12 of DV Act Against Husband and In-Laws Upheld Despite Lack of Shared Household. The Court held that the wife's right to reside in a shared household is not contingent on her actual residence at the time of filing the application, and the Magistrate has jurisdiction to grant reliefs under the Protection of Women from Domestic Violence Act, 2005.

2 Mar 2016

The Bombay High Court dismissed a writ petition filed by the husband and his parents seeking quashing of proceedings initiated by the wife under Secti...

High Court

Bombay High Court Quashes Domestic Violence Proceedings Against Husband and In-laws Due to Lack of Territorial Jurisdiction. Complaint Filed at Pune While Shared Household Was in Hyderabad — Held That Jurisdiction Lies Where Cause of Action Arises, Not at Wife's Temporary Residence.

2 Mar 2016

The petitioners, the husband and his parents, filed a writ petition under Article 227 of the Constitution of India challenging the proceedings initiat...

High Court

Bombay High Court Upholds Constitutional Validity of Section 2(q) of Protection of Women from Domestic Violence Act, 2005 — Definition of 'Respondent' Includes Adult Male and Female Relatives. Challenge by mother and sister of alleged perpetrator fails as court holds that the definition is not ultra vires Articles 14, 15, and 21 of the Constitution.

25 Sep 2014

The petitioners, mother and sister of the alleged perpetrator, filed a writ petition under Article 226 of the Constitution challenging the constitutio...

High Court

Bombay High Court Dismisses Husband's Petition Challenging Domestic Violence Complaint by Wife and Son. Long Separation Does Not Bar Complaint Under Protection of Women from Domestic Violence Act, 2005; Son is an Aggrieved Person.

30 Mar 2010

The petitioner, Kishor Kale, filed a criminal writ petition challenging the proceedings in Misc. Criminal Complaint Case No.314/2007 filed by his wife...

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