domestic violence act Archives

Del HC | If interim maintenance by wife has already been secured under Domestic Violence Act, will application under S. 125 CrPC be maintainable? Court answers

Delhi High Court: Vibhu Bakhru, J., addressed a matter wherein the question was considered whether an application under Section 125 Criminal Procedure Code,

Op Eds OP. ED.

Polygamous cauldron in various personal laws in India

by Dr. Bibhabasu Misra*

Case Briefs High Courts

HP HC | Can wife claim maintenance under S.12 of the Protection of Women from Domestic Violence Act, 2005 over ‘ancestral property’ of the husband? HC explains

Himachal Pradesh High Court: Jyotsna Rewal Dua J., disposed off the petition without any interference with impugned orders. The facts of the

Case Briefs Supreme Court

[Domestic Violence] SC| Wife can claim right to residence in shared household belonging to not just husband but also to his relatives. Read conditions

“The progress of any society depends on its ability to protect and promote the rights of its women.”

Case Briefs High Courts

Madras HC | Once permanent maintenance is received under S. 20 DV Act, yet due to change in circumstances if alteration in maintenance is required, what approach should be resorted? HC elucidates

Madras High Court: A Division Bench of M. Sathyanarayanan and P. Rajamanickam, JJ., addressed an appeal with regard to seeking interim maintenance when

Case Briefs High Courts

All HC | Can daughter-in-law be evicted without seeking decree of eviction against the son under S. 2(s) of Domestic Violence Act? HC Answers

Allahabad High Court: Vivek Kumar Birla, J., while addressing a matter with regard to “shared household”, held that, “daughter-in-law can be evicted without

Case Briefs High Courts

Del HC updates Affidavit of Assets, Income & Expenditure to be filed at threshold of matrimonial disputes; Issues modified directions [Detailed Report: Read Directions]

Delhi High Court: J.R. Midha, J. laid modified directions and affidavit of assets, income and expenditure to be filed by both the

Case Briefs High Courts

Del HC | Qualification of wife and capacity to earn cannot be ground to deny her interim maintenance if she is without source of income

Delhi High Court: Sanjeev Sachdeva, J. allowed a criminal revision petition filed by the petitioner-wife against the order of the Appellate Court whereby

Case Briefs High Courts

Bom HC | Divorced wife cannot file application under Domestic Violence Act; application filed under Ss. 12 and 18 rejected in absence of “domestic relationship”

Bombay High Court: M.G. Giratkar, J. refused to interfere with an order of the Judicial Magistrate as confirmed by the Sessions Judge, whereby

Case Briefs High Courts

Del HC | Defence of husband in a case under Domestic Violence Act struck off for non-payment of arrear of maintenance to wife

Delhi High Court: Sunil Gaur, J. allowed a petition filed by petitioner (wife) for striking off respondent’s (husband) defence in proceedings pending under

Case Briefs High Courts

Del HC | Interim maintenance to wife and minor child can be awarded under Domestic Violence Act on basis of ‘notional income’ of husband

Delhi High Court: The Bench of R.K. Gauba, J. dismissed a husband’s petition filed against the order of Metropolitan Magistrate as confirmed by

Case Briefs High Courts

Right of residence in ‘shared household’ under Domestic Violence Act can be claimed only against husband and not father-in-law

Delhi High Court: A Single Judge Bench comprising of R.K. Gauba, J. dismissed a petition filed by the petitioner-wife for a right

Case Briefs High Courts

To cover a relationship under Section 2(f) of Domestic Violence Act, possibility of a legal marriage is sine qua non

Bombay High Court: A Single Judge Bench comprising of Mangesh S. Patil, J., dismissed a criminal revision petition filed against the decision

Case Briefs High Courts

Section 2(b) of Domestic Violence Act envisages only a minor ‘child’ below 18 years of age

Bombay High Court (Goa Bench): A Single Judge Bench of the Goa Bench comprising of C.V. Bhadang, J. allowed a criminal writ

Case Briefs High Courts

‘Domestic relationship’ is a sine qua non for action under Section 12 of J&K Protection of Women from Domestic Violence Act

Jammu and Kashmir High Court: A Single Judge Bench comprising of Janak Raj Kotwal, J. quashed the proceedings pending against the petitioners

Case Briefs High Courts

SCC Times

domestic violence act

Del HC | If interim maintenance by wife has already been secured under Domestic Violence Act, will application under S. 125 CrPC be maintainable? Court answers

Polygamous cauldron in various personal laws in India

HP HC | Can wife claim maintenance under S.12 of the Protection of Women from Domestic Violence Act, 2005 over ‘ancestral property’ of the husband? HC explains

[Domestic Violence] SC| Wife can claim right to residence in shared household belonging to not just husband but also to his relatives. Read conditions

Madras HC | Once permanent maintenance is received under S. 20 DV Act, yet due to change in circumstances if alteration in maintenance is required, what approach should be resorted? HC elucidates

All HC | Can daughter-in-law be evicted without seeking decree of eviction against the son under S. 2(s) of Domestic Violence Act? HC Answers

Del HC updates Affidavit of Assets, Income & Expenditure to be filed at threshold of matrimonial disputes; Issues modified directions [Detailed Report: Read Directions]

Del HC | Qualification of wife and capacity to earn cannot be ground to deny her interim maintenance if she is without source of income

Bom HC | Divorced wife cannot file application under Domestic Violence Act; application filed under Ss. 12 and 18 rejected in absence of “domestic relationship”

Del HC | Defence of husband in a case under Domestic Violence Act struck off for non-payment of arrear of maintenance to wife

Del HC | Interim maintenance to wife and minor child can be awarded under Domestic Violence Act on basis of ‘notional income’ of husband

Right of residence in ‘shared household’ under Domestic Violence Act can be claimed only against husband and not father-in-law

To cover a relationship under Section 2(f) of Domestic Violence Act, possibility of a legal marriage is sine qua non

Section 2(b) of Domestic Violence Act envisages only a minor ‘child’ below 18 years of age

‘Domestic relationship’ is a sine qua non for action under Section 12 of J&K Protection of Women from Domestic Violence Act

Maintenance allowance under Section 12 of Domestic Violence Act is not tenable in absence of proof of domestic violence

Complaint not maintainable under Domestic Violence Act if it lacks mentioning of specific instances of domestic violence

Once a marital relationship is ended by a decree of divorce, a complaint under Domestic Violence Act cannot sustain