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Search Results for "domestic violence"

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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 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 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 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...

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 ...

Supreme Court

Supreme Court Upholds Conviction of Accused in SC & ST Act and IPC Rape Case Involving Blind Scheduled Caste Victim. The Court affirmed that the offence under Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was committed 'on the ground' of caste due to the victim's vulnerability from blindness and Scheduled Caste status, and the rape under Section 376(1) of the Indian Penal Code, 1860 was proven beyond reasonable doubt.

27 Apr 2021

The appeal arose from a judgment of the High Court of Andhra Pradesh dated 3 August 2019, which affirmed the conviction of the appellant for offences ...

High Court

Bombay High Court Dismisses Petition Challenging Order Under Section 26 of Domestic Violence Act in Divorce Proceedings. Application Under Section 26 of DV Act Held Maintainable in Civil Suit for Divorce, and Appeal Under Section 29 Lies to Sessions Court Against Order of Civil Court.

5 May 2017

The petitioner, Shri Narayan Babi Salgaonkar, a police constable, filed a Criminal Writ Petition before the Bombay High Court at Goa challenging an or...

High Court

Bombay High Court Dismisses Petition Challenging Affidavit-in-Evidence in DV Act Proceedings — Section 28(2) of Protection of Women from Domestic Violence Act, 2005 Allows Court to Lay Down Its Own Procedure. Husband's Objection to Wife's Affidavit-in-Evidence Rejected as Magistrate's Order Permitting Affidavit-in-Evidence Was Justified to Expedite Proceedings.

22 Mar 2018

The petitioner-husband filed a writ petition challenging the order of the learned Judicial Magistrate First Class, Cantonment, Pune, which permitted t...

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