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Showing posts with label domestic violence. Show all posts
Showing posts with label domestic violence. Show all posts
Sunday, 5 July 2026

Karnataka HC: Financially Independent Wife Earning More Than Husband Can't Claim Maintenance Merely Because She Is A Woman

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 Only because a woman more particularly a wife files a petition invoking the provisions of Domestic Violence Act or the provisions of Hindu ...
Monday, 24 November 2025

THE SILENT APPEAL: Why a Judge Cannot Enhance Maintenance When the Wife Doesn’t Fight Back

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  A Domestic Violence Law Deep Dive for Judicial Officers and Legal Practitioners Introduction: The Paradox of Appellate Justice Imagi...
Sunday, 23 November 2025

When Property Disputes Wear a Domestic Violence Mask: How Clever Pleading is Weaponizing the DV Act Against Judicial Integrity

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A Critical Analysis on Scope Enlargement, Abuse of Process, and Judicial Safeguards INTRODUCTION: THE NEW FRONTIER OF LEGALMISADVENTURE Th...

Supreme Court: DV Act Alteration, Modification Or Revocation Of Order Owing To A Change in Circumstances Could Only Be For A Period Ex Post Facto

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 Learned counsel for the appellant rightly contended that the said order has in fact merged with the Appellate Court’s order in the appeal f...

Supreme Court: Void divorce Decree requires a Formal Declaration by a Competent Court; it can not be challenged in collateral proceedings under the Domestic Violence Act

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Similar view has been reiterated by this Court in Sneh Gupta v. Devi Sarup and Ors.   MANU/SC/0238/2009 : (2009) 6 SCC 194. From the above, ...

Punjab & Haryana HC: Can the applicant take recourse to the Domestic Violence Act proceedings to enforce her property rights?

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  It needs to be clarified here that resort to Domestic Violence Act can not be done to enforce property rights as for enforcement of proper...

Punjab & Haryana HC: What remedies are available if violence is committed against an aggrieved woman by any relative of her husband, if not residing with her in a shared household?

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 Domestic relationship continues so long as the parties live under the same roof and enjoy living together in a shared household. However, w...

Punjab and Haryana HC: Domestic violence Act proceeding against persons not residing in shared household is not maintainable

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Respondent has filed the complaint under the Act. Admittedly, petitioners are not residing in the matrimonial home of the respondent.  {Para...

Supreme Court: Whether applicant in domestic violence Act proceeding can add any person as party to the petition if they are not residing with her in shared household?

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The High Court has rightly found in effect that the ingredients of domestic violence are wholly absent in this case.  The Petitioner and the...

Supreme Court : Impleading distant relatives and strangers in domestic violence proceeding is impermissible

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 In the petition filed by Respondent No. 2, apart from arraying her husband and her parents-in-law as parties to the proceedings, has includ...
Saturday, 23 August 2025

From Vague Orders to Concrete Justice: How Courts Should Decide Educational Expenses of child under the Domestic Violence Act?

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  Introduction The question of educational expenses for children in maintenance proceedings under the Domestic Violence Act (DV Act) has b...
Friday, 22 August 2025

Kerala HC: Appellate courts U/S 29 of Domestic Violence Act have the power to pass interim protective orders

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  It is true that, as per Section 28 of the DV Act, all proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 and offences under section ...
Friday, 15 August 2025

Custody Law Crossroads: Why DV Act Can’t Replace Guardianship Proceedings

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 Imagine a mother seeking to take her child abroad for over two years for studies or work—but doing so without the father’s consent and thro...
Sunday, 3 August 2025

When Love Turns Lethal: The Legal Tightrope of Abetment to Suicide in Marital Disputes

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  The Case That Reveals Complex Legal Realities In the tragic intersection of domestic conflict and criminal law, a deeply disturbing case ...
Friday, 4 July 2025

Study guide on Domestic Violence Act

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  Key Definitions You Must Know Aggrieved Person : Any woman who is or has been in a domestic relationship with the respondent and alleges...
Thursday, 3 July 2025

J & K HC: Magistrate issuing notice in Domestic violence Act is interlocutory order and Revision is not maintainable against said order

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 An order issuing notice on an application does not decide the rights of the parties, therefore, such an order is interlocutory in nature. S...
Sunday, 1 June 2025

Should the Second Wife Be Impleaded in Domestic Violence Cases? A Legal Analysis

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 The Protection of Women from Domestic Violence Act, 2005 has been a crucial legislation in safeguarding women's rights. However, questi...
Saturday, 25 January 2025

Delhi HC: The court must adopt gender neutral approach/Men facing cruelty in marriage is also entitled to same legal safeguards as women

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  In this Court‟s opinion, the hallmark of fair and just justice  delivery system is to remain gender-neutral while adjudicating cases  of s...

Delhi HC: Under which circumstances wife is not entitled to anticipatory bail for causing injury to husband?

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The other argument that the accused be granted bail since she  has a three month old child to take care of, is also found unmerited in this ...
Sunday, 22 December 2024

All Important Supreme Court and High court Judgments of the year 2024 on Domestic violence Act

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  1) Mere Visits Not Sufficient To Constitute Residence In Shared Household: Bombay HC Quashes Domestic Violence Case Against A Married Sist...