Paradox of the Protection Order
by Vilasini Balasubramanian*
Protection of Women from Domestic Violence Act
Magistrate can grant interim Residence Order before Trial if plea Prima Facie discloses Domestic Violence: J&K High Court
“Residence order is an urgent relief to protect a woman from her taking shelter on road. Therefore, passing of an interim order of the nature as defined under Section 19 of the Act is well within the jurisdiction of a Magistrate.”
Wife in vegetative state aggrieved by reduction of medical maintenance amount; Bombay HC directs Appellate Court to decide the matter expeditiously
The Court found the order of the Appellate Court was completely bereft of any findings or reasoning for reducing the maintenance amount, and that the Appellate Court could not have reduced the amount of maintenance once having rejected the Application for stay.
Application under Section 12 DV Act cannot be transferred to Family Court u/S 408 CrPC; Delhi Court reiterates
The Court affirms the exclusive jurisdiction of Magistrates in adjudicating applications under Section 12 of the Act, thereby ensuring clarity and coherence in the administration of justice.
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
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.
Del HC | Whether woman is party to adultery/bigamy so as to refuse relief under DV Act is a matter of trial: HC refuses to quash lower court orders
Delhi High Court: Subramonium Prasad, J., refused to grant relief to the petitioner against orders of the lower court restraining him from
Del HC | If a proceeding is pending before Family Court, would this warrant the application under S. 12 Domestic Violence Act to be transferred to Family Court? Read on
Delhi High Court: Mukta Gupta, J., while addressing a matrimonial matter, highlighted the scope of the Protection of Women from Domestic Violence
Madras HC | Payment of Maintenance under S. 125 CrPC: From the ‘date of application’ or ‘date of order’? HC answers in view of SC decision
Madras High Court: K. Murali Shankar, J., addressed the issue with regard to payment of maintenance, whether from the date of application
Bom HC | Divorced wife, who continues to cohabit with the husband, is entitled to filed proceedings under S. 12 of DV Act
Bombay High Court: Mangesh S. Patil, J., dismissed a criminal revision application filed against the order of the trial court whereby the application
Del HC | Wife can claim monetary relief under S. 20 of Domestic Violence Act in addition to maintenance under S. 125 CrPC; trial court order holding contrary set aside
Delhi High Court: Sanjeev Sachdeva, J., reiterated that proceedings under the Protection of Women from Domestic Violence Act, 2005 and under Section 125
Del HC | Magistrate empowered to grant interim maintenance under S. 23 of DV Act from the date of filing of substantive petition under S.12
Delhi High Court: Sanjeev Sachdeva, J., while dismissing a criminal revision petition, held that the magistrate has a power to pass an order
Bom HC | Order of maintenance under DV Act set aside in absence of any act of domestic violence committed by husband
Bombay High Court at Goa: C.V. Bhadang, J., allowed a petition filed by the husband and quashed trial court’s order whereby it had
Payment of entire amount of maintenance awarded before filing an appeal thereagainst is not mandatory
Delhi High Court: A Division Bench comprising of Vipin Sanghi and P.S. Teji, JJ. dismissed the petition filed by the wife against
Women governed under Muslim Personal Law have right to recourse under the Protection of Women from Domestic Violence Act, 2005
Bombay High Court: A Single Judge Bench comprising of Bharati H. Dangre, J., has held that the Muslim Personal Law can in
An applicant under Section 12 of the Domestic Violence Act, 2005 is permitted to give evidence by way of an affidavit
Bombay High Court: A Single Judge Bench comprising of Anuja Prabhudessai, J., decided a writ petition, wherein it was held that Section
Maintenance under Domestic Violence Act to be paid in addition to and not in substitution of maintenance awarded under S. 125 Cr PC
Bombay High Court: A Single Judge Bench comprising of Dr. Shalini Phansalkar-Joshi, J. heard a case involving counter-petitions filed by both the
Domestic violence under S. 3 of Protection of Women from Domestic Violence Act, takes into its fold economic abuse also
Karnataka High Court: While passing the order in a criminal revision petition, a Single Judge Bench comprising of Rathnakala, J. held that