Domestic Violence Archives | Page 2 of 3

Does marrying another lady causes emotional abuse so as to come under Domestic Violence? Read Sessions Court decision

LXIII Addl. City Civil & Sessions Judge, Bengaluru: B. Venkatesha, LXIII Addl. City Civil & Sessions Judge, dismissed an appeal filed under Section

Case Briefs High Courts

Temporary Residence v. Casual Visit | Can Magistrate entertain application under S. 12 DV Act from woman coming to his jurisdiction for casual visit? Is that covered under “temporarily resides”? Bom HC answers

Bombay High Court: Sandeep K. Shinde, J., held that an aggrieved person cannot choose to file a petition under Section 12 of

Case Briefs District Court

If a wife is able to maintain herself and continue with same lifestyle as she was accustomed to in matrimonial home, can she still be granted maintenance? Court deciphers

City Civil & Sessions Judge, Bangalore: Krishnamurthy R. Padasalgi, LV Addl. City Civil & Sessions Judge upheld the order of the trial

Case Briefs High Courts

Raj HC | Convenience of the wife is to be preferred over the convenience of the husband in transfer petitions relating to matrimonial disputes

Rajasthan High Court: Chandra Kumar Songara J. allowed the petition of the wife-petitioner on the grounds of having a child, no source

Case Briefs High Courts

Is it proper to invoke S. 482 CrPC for quashing Magistrate’s order in a proceeding under S. 12 r/w S. 23 of Domestic Violence Act on the point of maintainability? Cal HC determines

Calcutta High Court: Bibek Chaudhari, J., considered the question as to whether Section 482 CrPC is applicable in relation to an application under

Case Briefs High Courts

“Daughters are daughters forever and sons are sons till they are married”: Bom HC orders son to vacate flat of 90 yrs old parents

Bombay High Court: Noting the misery of parents aged 90 years, G.S. Kulkarni, J., observed that, “Daughters are daughters forever and sons

Case Briefs High Courts

Bom HC | Husband marrying second time after grant of divorce. Is it ‘domestic violence’ within DV Act? Decrypted

Bombay High Court: Manish Pitale, J., expressed while addressing the present application that, “Second marriage cannot come within the definition of domestic

Case Briefs High Courts

Kar HC | Persons only in ‘domestic relationship’ as per S. 2 of Domestic Violence Act, 2005 can be made as respondent under S. 12 of DV Act

Karnataka High Court: Sreenivas Harish Kumar, J., allowed the petition and directed that there cannot be any proceedings against the petitioner under

Case Briefs High Courts

Proceedings under Domestic Violence Act, whether criminal or civil, will challenge to them be maintainable under Art. 227 of Constitution? Madras HC answers

Madras High Court: G.R. Swaminathan, J., held that irrespective of whether the proceedings under Central Act 43 of 2005 are of civil

Case Briefs Supreme Court

‘Unfavorable earlier order by a judge not a ground for recusal’; SC rejects plea for Justice Chandrachud’s recusal in an application seeking recall of an unfavorable order

“A litigant cannot be permitted to browbeat the Court by seeking a Bench of its choice.”

Op Eds OP. ED.

Reflection on Domestic Violence Act 2005 and Role of Judiciary for Balancing the Rights of Women

by Dr Kaushal J Thaker*

Case Briefs Supreme Court

Daughter-in-law’s right to residence under DV Act versus right of in-laws to seek eviction under Senior Citizens Act, 2007| Here’s how SC solved the conundrum on these competing interests

“Rights in law can translate to rights in life, only if there is an equitable ease in obtaining their realization.”

Case Briefs Supreme Court

Man roped in in the dowry death of his brother’s wife freed after 2 decades as SC finds allegations against him vague

Supreme Court: The bench of NV Ramana* and Surya Kant, JJ has acquitted a man convicted under Section 498A read with Section 34 IPC for the death of his

Case Briefs Foreign Courts

Actor Johnny Depp’s libel action against The Sun newspapers dismissed | Detailed Report

London High Court of Justice (Queen’s Bench): The instant high profile case of libel brought in by well known American actor Johnny

Case Briefs Supreme Court

Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme Court guidelines]

Supreme Court has framed guidelines on overlapping jurisdiction under different enactments for payment of maintenance, payment of Interim Maintenance, the criteria for determining the quantum of maintenance, the date from which maintenance is to be awarded, and enforcement of orders of maintenance.

Case Briefs Supreme Court

Maintenance in matrimonial disputes| Supreme Court frames extensive guidelines; Resolves issue of overlapping jurisdiction under different Laws [Read Guidelines]

Supreme Court: The bench of Indu Malhotra* and R. Subhash Reddy, JJ has framed guidelines on the issue of maintenance of wife,

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 | Limitation provided under CrPC is applicable to complaints under Domestic Violence Act: Court rejects complaint filed after lapse of 1 yr 10 months

Madras High Court: G.K. Ilanthiraiyan, J., quashed the proceedings filed under the Domestic Violence Act in light of being barred by limitation.

Law made Easy

Law on Domestic Violence [Protection of Women from Domestic Violence Act, 2005]

Shubhodip Chakraborty, Editorial Assistant has put this story together

Case Briefs High Courts

Bom HC | Step father accused of sexually abusing step daughter granted bail since investigation in case complete

Bombay High Court: Sandeep K. Shinde, J., granted bail to the applicant accused of sexually abusing her step daughter. Applicant sought enlargement on bail