Search Results for "Shared Household"

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Search Results for "Shared Household"

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Supreme Court

Supreme Court Allows Appeal of Daughter-in-Law Against Eviction Under Senior Citizens Act, 2007 — Protection of Women from Domestic Violence Act, 2005 Right of Residence Prevails Over Senior Citizens Act, 2007. The court held that the authorities under the Senior Citizens Act, 2007 have no jurisdiction to order eviction of a woman entitled to residence under Section 17 of the PWDV Act, 2005, and the property transfers were collusive to defeat her rights.

11 Dec 2020

The present dispute arises out of an application filed by the second and third respondents (parents-in-law of the appellant) under the Maintenance and...

Supreme Court

Supreme Court Affirms Interim Maintenance for Wife and Son in Matrimonial Dispute. Court Frames Guidelines on Maintenance Under Section 125 Cr.P.C. and Other Enactments to Ensure Uniformity and Consistency.

4 Nov 2020

The case arises from an application for interim maintenance filed by the wife and minor son under Section 125 Cr.P.C. The wife left the matrimonial ho...

High Court

Bombay High Court Allows Wife's Application Under Section 482 CrPC, Restores Interim Maintenance Order in Domestic Violence Case. The court held that the appellate court erred in setting aside the Magistrate's order granting interim maintenance without considering the wife's right to residence in shared household under the Protection of Women from Domestic Violence Act, 2005.

28 Jun 2011

The applicant, Smt. Sheetal Thawkar, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of an order date...

High Court

Bombay High Court Quashes Domestic Violence Proceedings Against Mother-in-Law and Sister-in-Law Due to Absence of Domestic Relationship. Petitioners Not in Domestic Relationship with Complainant Under Section 2(a) of Protection of Women from Domestic Violence Act, 2005 as They Never Lived Together in Shared Household.

9 Apr 2015

The petitioners, Dimple Khanna (mother-in-law of the complainant's husband) and Twinkle Khanna (sister-in-law), along with Akshay Kumar (husband of Tw...

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 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...

Supreme Court

Supreme Court Allows Quashing of DV Act Proceedings Under Section 482 CrPC — Inherent Jurisdiction Available Despite Civil Nature of Reliefs. High Court Erred in Holding That Proceedings Under DV Act Cannot Be Quashed Under Section 482 CrPC Because They Are Civil in Nature.

1 Jan 2025

The Supreme Court considered two appeals arising from a common order of the High Court of Madhya Pradesh, which had dismissed petitions under Section ...

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 Upholds Protection Order in Domestic Violence Case — Maintenance and Residence Rights Granted to Wife and Minor Son. The court affirmed the orders under Sections 18, 19, 20, and 22 of the Protection of Women from Domestic Violence Act, 2005, finding that the wife had established domestic violence and was entitled to protection, residence, maintenance, and compensation.

18 Jan 2016

The case involves a revision application filed by the husband and his family members challenging the judgment and order dated 15th February 2014 passe...

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