2005 Archives

Interim maintenance for financially independent wife

Filing a DV Act Petition Does Not Automatically Entitle a Wife to Maintenance, Especially When She Earns More Than Her Husband: Karnataka HC

In the case at hand, the wife disclosed a monthly income of ₹1,00,000, her TDS records showed ₹1,64,285. Her husband earned ₹60,000. However, the trial court awarded her ₹20,000 in interim maintenance.

Case Briefs District Court

A Settlement’s Liberty Clause Does Not Give Unlimited Licence to Revive the Same DV Complaint before the Same Court on the Same Grounds: Saket District Court

The Court stated that permitting restoration on substantially the same allegations would defeat the finality of the earlier judicial orders and result in repetitive litigation.

Case Briefs High Courts

Bound to protect Constitutional Rights of women, Calcutta High Court regularises domestic violence application filed by minor

The Court held that application filed by minor under Section 12 of Domestic Violence Act cannot be dismissed on the grounds of maintainability especially when she had attained majority before the date of final order.

Case Briefs High Courts

[RTI] HP HC | Birth and Death Register are public documents and admissible under S. 35 of the Indian Evidence Act, 1872; To be given even if asked on a simple paper

Himachal Pradesh High Court: Tarlok Singh Chauhan J. directed all the Panchayat Secretaries in the State of Himachal Pradesh to provide death

Case Briefs High Courts

Maintenance under Domestic Violence Act to be paid in addition to and not in substitution of maintenance awarded under S. 125 Cr PC

Bombay High Court: A Single Judge Bench comprising of Dr. Shalini Phansalkar-Joshi, J. heard a case involving counter-petitions filed by both the