Does the Sessions Court have the Power to Pass Interim Orders Under the Domestic Violence Act?
by Dormaan Jamshid Dalal*
domestic violence act
BCI Rules do not allow women advocates to appear before Court with face coverings: J&K and Ladakh High Court
When the Court requested the advocate to remove her face cover, she asserted that a woman advocate can appear with her face covered and claimed the same as her fundamental right.
Father-in-law not liable to maintain Daughter-in-law under Muslim Personal Law: MP High Court
As per the provisions of Muslim law and the DV Act, the Court opined that the present petitioner being father-in-law of respondent, cannot be compelled to give maintenance to the respondent.
Loan taken voluntarily after separation not to be considered while calculating quantum of maintenance: MP High Court
In the instant matter, the husband deliberately took loan after the separation to bring down his net take home salary, therefore, the Court held that it cannot be considered as statutory and mandatory deduction.
‘Maintenance under Domestic Violence Act unrelated to inability of wife to maintain herself’; Delhi HC directs Trial Court to pass final order in domestic violence case
‘The allocation of the family resource cake should align with the financial needs of each family member’
Magistrates should specify whether maintenance is ordered under CrPC or HAMA while dealing with Domestic Violence matters: Kerala HC
“For the reason that the parties are Hindus, one cannot assume that the order of maintenance is in recognition of the right under HAMA, for, Section 125 CrPC is secular and applicable to all.”
What is the extent of powers of amendment of pleadings in proceedings under Domestic Violence Act? Allahabad HC answers
Allahabad HC said that Magistrate dealing with an application under Section 12 is not called upon to act for the commission of an offence; hence what is contemplated is not a complaint but an application to a Magistrate as set out in Rule 6(1) of the D.V. Rules.
Delhi High Court dismiss paternity test plea due to no sperm count; Emphasis on child’s interests in parental disputes
Azoospermia means there is an absence of live spermatozoa in the semen. There could be various causes for such a condition, including obstruction of the tubules or ducts, i.e., the reproductive tract, or even due to infection, retrograde ejaculation or aspermatogenesis. Thus, azoospermia is categorized under two heads: obstructive and nonobstructive.
Legal Realism and Sociological Jurisprudence: Changing the Domestic Violence Culture Ecosystem
by Sayaboyena Nikhil Sai Krishna*
Wife earned 90 lakhs, husband employed in her firm earned 3.5 lakhs; Mumbai Court sets aside order granting maintenance to wife
The Court pin-pointed the huge difference in income of the husband and wife, and that there was no documentary evidence to support the wife’s claims of being indebted.
Proceedings under S. 498-A IPC cannot be quashed simply because it was filed after receipt of divorce notice: Karnataka High Court
It was stated that decision of the co-ordinate Bench of the High Court in Naresh Gundyal v. State on same issue, defeats the very object of S. 498-A, IPC and Domestic Violence Act, 2005.
Kerala High Court| Section 31 of Domestic Violence Act only applies to breach to protection orders; No penalty can be imposed for failure to pay maintenance
Kerala High Court held that Section 31 of D.V Act would apply only on violation of protection order passed under Section 20 of the D.V Act.
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
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
Supreme Court May 2022 Roundup: Sedition Law; Forcible vaccination; Shivling in Gyanvapi Mosque; Navjot Singh Sidhu’s imprisonment; Shared Household and more
Unmissable Stories Sedition Law under scanner| All pending cases to be kept in abeyance; Centre/States urged not to register fresh cases till
Whether right to claim maintenance under Domestic Violence Act and S. 125 CrPC are mutually exclusive? Del HC elaborates
Delhi High Court: Asha Menon, J., observed that, the right to claim maintenance under the Domestic Violence Act and those under Section
Right to residence under DV Act not restricted to actual residence; Domestic relationship not necessary to be subsisting at the time of filing of application: SC
Supreme Court: The bench of MR Shah and BV Nagarathna*, JJ has answered three important questions pertaining to the Protection of Women
Can filing of divorce petition by husband be an act of ‘Cruelty’? Bom HC elaborates
Bombay High Court: Vibha Kankanwadi, J., held that, if a husband files a divorce petition that cannot be taken as an act