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Showing posts with label
shared household
.
Show all posts
Showing posts with label
shared household
.
Show all posts
Sunday, 23 November 2025
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...
Sunday, 18 February 2024
Bombay HC: Married Sister-In-Law Who Frequently Visits maternal House is Not In Domestic Relationship With the petitioner
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The law laid down by the Apex Court in Prabha Tyagi (supra) will not assist the case of Respondent No 1 as the Petitioner is the married s...
Sunday, 17 December 2023
Whether woman can claim relief against her in laws even if she has never resided with them?
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(ii) Whether it is mandatory for the aggrieved person to reside with those persons against whom the allegations have been levied at the po...
Whether a woman can claim right of residence in shared household even if she is not in domestic relationship at the time of filing of application?
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(iii) Whether there should be a subsisting domestic relationship between the aggrieved person and the person against whom the relief is clai...
Thursday, 14 December 2023
What is basic concept of matrimonial home and what is the difference between matrimonial home and shared-household?
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In Indian law, the concepts of "matrimonial home" and "shared household" are closely related but have distinct meanings ...
Tuesday, 14 March 2023
Under which circumstances the Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House?
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Admittedly, the Revision Petitioner No.1 is the husband of the respondent. However, the Revision Petitioner is living with first wife. Tak...
Friday, 18 December 2020
Supreme Court: Summary Eviction Procedure Under Senior Citizens Act Cannot Be Invoked To Defeat Right Of Residence Of Woman In A Shared Household As Per DV Act
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This Court is cognizant that the Senior Citizens Act 2007 was promulgated with a view to provide a speedy and inexpensive remedy to senior c...
Monday, 19 October 2020
Whether relatives of husband can evict wife, who has secured the right of residence in their house under the Domestic Violence Act?
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The right to reside in shared household as granted by Section 17 of Domestic violence Act itself contemplates an exception in express wor...
What are the rights of wife if landlord/lessor/licensor is seeking to evict her from a shared household obtained under Domestic violence Act?
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In case, the shared household of a woman is a tenanted/allotted/licensed accommodation where tenancy/ allotment/license is in the name of...
Sunday, 18 October 2020
Whether the husband is a necessary party to suit filed by father-in-law against daughter-in-law for her eviction from his house?
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Question No.7 118. Learned counsel for the appellant challenging the direction issued by the High Court that the husband of respondent be...
Wednesday, 12 August 2020
Whether the father can seek eviction of the daughter in law from his house without seeking eviction of his son?
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Coming back to the facts of the present case, I find that in view of the specific assertion made in the plaint that the plaintiff is the ...
Sunday, 2 August 2020
Whether a wife can file domestic violence proceedings against parents in law if they were residing separately from her in distinct accommodation in physical proximity to their house?
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It is evident from the complaint that the petitioner was not sharing the household with the respondent No. 1 and 2 for a long time and s...
Wednesday, 16 October 2019
Supreme Court: Complaint for Domestic violence not maintainable if parties are not residing 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...
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...
Saturday, 11 June 2016
Whether commission of acts of violence while residing separate will amount to domestic violence?
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Section 2(f) of the Domestic Violence Act reads as under:- "(f) „domestic relationship‟ means a relationship between two persons...
Whether wife is entitled to reside in house jointly owned by her husband and mother in law?
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There can be no quarrel with the aforesaid exposition of law. But, then the petitioner has failed to prove on record that the house belo...
Thursday, 22 October 2015
Whether sister of husband can be denied right in property of her father on ground of right of wife to get shared household as per DV Act?
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Of course, an order under Section 19(1)(f) is permissible only on satisfaction that domestic violence had taken place. In this case, e...
Friday, 20 February 2015
When woman should not be denied right of residence in house owned by her mother-in-law?
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If, as a matter of fact, a girl is brought to the house by the bridegroom on his own without the junction of his parents, of cou...
Monday, 2 December 2013
How to determine whether a relationship is in nature of live-in relationship?
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New Delhi: Duration of relation, shared household and pooling of resources are some of the guidelines the Supreme Court has framed for br...
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