Protection of Women from Domestic Violence Act Archives

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.

Case Briefs High Courts

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

Case Briefs High Courts

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.

Know thy Judge

Justice BV Nagarathna: Igniting hope for the first ever woman Chief Justice of India

by Arunima Bose†

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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

Case Briefs High Courts

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