Polygamous cauldron in various personal laws in India
by Dr. Bibhabasu Misra*
domestic violence act
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
[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.”
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
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
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
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
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
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
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
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
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
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
‘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
Maintenance allowance under Section 12 of Domestic Violence Act is not tenable in absence of proof of domestic violence
High Court of Himachal Pradesh: A Bench comprising of Sandeep Sharma, J. has set aside the judgment passed by Fast Track Court
Complaint not maintainable under Domestic Violence Act if it lacks mentioning of specific instances of domestic violence
High Court of Rajasthan: While deciding the validity and legality of the criminal miscellaneous petition filed under Section 482 CrPc, by the
Once a marital relationship is ended by a decree of divorce, a complaint under Domestic Violence Act cannot sustain
Punjab and Haryana High Court: While deciding upon the issue that whether a complaint under the Domestic Violence Act is maintainable even