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Showing posts with label
S 12 of Domestic violence ACt
.
Show all posts
Showing posts with label
S 12 of Domestic violence ACt
.
Show all posts
Sunday, 22 December 2024
What is distinction between proceeding U/S 12 and U/S 31 of Domestic violence Act?
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19.9. Section 31 of the Act provides for punishment only if a person commits breach of protection order passed under Section 18 or an order ...
Sunday, 24 December 2023
Whether wife is barred from lodging FIR U/S 498A of IPC against her husband on the ground that she has filed application U/S 12 of Domestic violence Act?
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The contention of the petitioner that respondent No. 3 is debarred from lodging FIR as she has already filed an application under Section...
Thursday, 14 April 2022
Whether the court can entertain an application U/S 12 of Domestic violence Act after delay of ten years?
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The provisions of the Act contemplate filing of an application under Section 12 to initiate the proceedings before the concerned Magistrat...
Sunday, 9 January 2022
Whether legal heirs of a woman can claim monetary relief under the Domestic violence Act after her death?
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Herein, the petitioners do not claim themselves to be “aggrieved person” but would assert their right to present an application under Sectio...
Tuesday, 7 December 2021
Can Magistrate entertain an application under S. 12 DV Act from woman coming to his jurisdiction for casual visit?
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Thus, averments in application suggest, that Applicant is well educated person; she is financially sound; her parents are in business. ...
Sunday, 31 May 2020
Whether court can permit filing of affidavit of examination in chief in proceeding U/S 12 of Domestic violence Act?
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A short question raised in this petition is whether in an application filed under Section 12 of the Protection of Women from the Domestic ...
Sunday, 8 December 2019
Calcutta HC: Mother is entitled to claim relief under domestic violence Act against son
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In the present case, the petitioner and the opposite party are related with each other i.e. the relationship of son and mother. They h...
Saturday, 27 July 2019
Whether wife can execute order passed in her favour under S 12 of Domestic violence Act after her divorce?
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Moreover, our law recognises the right of a divorced wife to get maintenance till her remarriage. This Act of 2005 provides additional r...
Wednesday, 17 July 2019
Whether magistrate can consider legality of divorce decree in application U/S 12 of DV Act?
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Respondent No. 2, who did not change her stand in the second motion and obtained a sham decree of divorce as alleged by her asked the crim...
Sunday, 26 May 2019
Whether Court can direct brother in law of a widow to pay maintenance to her under Domestic Violence Act?
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The submission which has been urged on behalf of the appellant is that there was no basis under the provisions of the Act to fasten ...
Thursday, 20 September 2018
Whether wife can claim right of residence in property in the name of her father in law?
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Against the above backdrop, the contentions raised by the petitioner that she has a right to continue to live in a portion of the above-m...
Sunday, 12 February 2017
Whether wife can claim relief under domestic violence Act on same allegation on basis of husband is acquitted U/S 498A of IPC?
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The considerations in the prosecution under Section 498A of the Indian Penal Code are different from the considerations while dealing ...
Saturday, 11 June 2016
Whether wife will be debarred from claiming maintenance U/S 125 of CRPC if her application U/S 12 of DV Act is dismissed?
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I have heard learned counsel for the petitioner and I am of the opinion that mere dismissal of the application under Section 12 of the ...
Thursday, 22 October 2015
Whether issue of limitation provided under S 468 of crpc is applicable to domestic violence proceeding?
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So far as issue of limitation provided under section 468 CrPC is concerned, it has no application to section 12 of the Act of 2005 as it i...
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