Domestic Violence Archives

“S. 12 is heart and soul of Domestic Violence Act”; Karnataka High Court directs Magistrates to decide applications within the mandated period of 60 days

In a clinical dissection of the Domestic Violence Act, 2005, the Karnataka High Court stated that the victims’ grievances such as maintenance or shelter etc., must be addressed with immediacy, which is why the legislation has mandated a specific time frame.

Case Briefs High Courts

Foreign Court Judgments not conclusive, rights under special enactments can’t be denied on their basis: Madras High Court

Madras High Court held that the wife is entitled to institute and maintain matrimonial proceedings, DVC proceedings and any other proceedings under the relevant Statutes in Indian Courts having jurisdiction for appropriate reliefs.

Law School News Others

NLIU Bhopal | ‘Project Saarthi’, An initiative of Legal Aid Clinic

ABOUT LEGAL AID CLINIC, NLIU- BHOPAL: The NLIU – Legal Aid Clinic (“LAC”), which is driven by the ethos of Article 39A

Conference/Seminars/Lectures Law School News

MNLU Nagpur | National Seminar on Changing Contours of Personal Laws in India [March 3-4, 2023]

The Maharashtra National Law University is organizing a National Seminar on ‘Changing Contours of Personal Laws’, on March 3-4, 2023, at its

Case Briefs High Courts

Can a wife claim maintenance under S. 125, CrPC after obtaining a maintenance order in her favour under DV Act? Bombay HC answers

Bombay High Court: In a case where simultaneous maintenance claims were under different enactments, S.G. Mehare, J., held that mere

Op Eds OP. ED.

Victimological Perspective of Domestic Violence Against Women in the City of Hyderabad During Covid-19

by Prof. B. Vijayalaxmi*

Case Briefs High Courts

Madras High Court |Jurisdiction under Article 227 cannot be exercised as a measure of self-imposed restriction by-passing statutory remedies under D.V. Act

Madras High Court: The full bench of P.N. Prakash, Teekaa Raman and A.D Jagadish Chandira, JJ. held that the jurisdiction

Case Briefs High Courts

Madras High Court| Petition under Section 482 CrPC challenging a proceeding under Section 12 of the D.V. Act is not maintainable

Madras High Court: In 32 cases regarding domestic violence filed under Section 482 Code of Criminal Procedure, 1973 (CrPC), the full bench

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

Telangana High Court | No basis for Look Out Circular to continue once the chargesheet is filed and notice is issued under S. 41 of CrPC

Telangana High Court: While allowing the instant petition preferred by the petitioner against the Look Out Circular (‘LOC') issued by

Advance Rulings Case Briefs

Maharashtra Appellate Authority for Advance Ruling | “One Stop Crises Centre” Scheme can be construed as subsidy, not subject to GST; Set aside MAAR ruling

Appellate Authority for Advance Ruling (Maharashtra): In an appeal filed under Section 100 of the Central Goods and Services Tax

Case Briefs High Courts

Bombay High Court | Right to reside in shared household of husband is lost after grant of divorce; Cannot be claimed based on an earlier order

Bombay High Court: In a petition filed by Umakant Bondre/ applicant 1 (former father-in-law of respondent 1) challenging the order

Op Eds OP. ED.

Satish Chander Ahuja v. Sneha Ahuja: “The Progress of any Society Depends on its Ability to Protect and Promote the Rights of its Women”

by Roma Sangwan†

Case Briefs High Courts

Allahabad High Court | Parity can only be persuasive in nature and cannot be binding; Bail orders not to be given without assigning any reasons

Allahabad High Court: While dismissing the bail application in case registered under Section 302, 120-B Penal Code, 1860, Sameer Jain, J. held

Case Briefs High Courts

Karnataka HC directs timeline for expeditious disposal of every application invoking S. 12 (5) Protection of Women from Domestic Violence Act, 2005

Karnataka High Court: M Nagaprasanna J. allowed the petition and directed to dispose the application seeking maintenance, within a period of two

Case Briefs District Court

Aggrieved woman needs economic support, in view of domestic violence, perpetrated upon her, by a person, who is in domestic relation with her: Karkardooma Courts

Karkardooma Courts, Delhi: In a matter regarding providing maintenance to wife and children, Ramesh Kumar-1, Principal District & Sessions Judge, expressed that

Case Briefs Supreme Court

Issue of accommodation in a Domestic Violence dispute between husband and wife shall not affect landlord’s right to get possession of his property: SC

Supreme Court: Refusing to interfere with the Delhi High Court verdict, the bench of MR Shah and BV Nagarathna, JJ has held

Case Briefs High Courts

Whether the maintenance awarded under the Domestic Violence Act can be sought to be enhanced under the CrPC? Kar HC analyses

Karnataka High Court: M. Nagaprasanna, J. allowed the criminal petition and quashed both the orders by the Magistrate and the Sessions Judge.

Case Briefs District Court

Husband’s company can have ‘Virat Kohli’ as a brand ambassador, but cannot provide maintenance to wife: Man tried appearing as a pauper? Saket Courts adjudicates

Saket Courts, New Delhi: Anuj Agrawal, Additional Sessions Judge –05 while addressing case wherein the maintenance sought by wife, held that, “It

Case Briefs High Courts

Daughter-in-law claims right of residence in late husband’s mothers’ property under the head ‘Shared Household’: Mother-in-law approaches Del HC seeking eviction of daughter-in-law | Read what HC says

Delhi High Court: Explaining the significance of ‘shared household’ Asha Menon, J., explained that where a residence is clearly a shared household,