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Landmark Judgments and Articles on Law

SC Stays Order Directing Husband to Pay Maintenance under 125 CrPC as well as Domestic Violence Act

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Whether court can grant relief under domestic violence Act if there is not pleading that there was domestic violence to wife?

Child has the Right to stay with both Parents

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.186 OF 2018 Mrs.Payal Sudeep Laad @ Payal Sharma, Age 35 years, LTMMC, Sion Hospital, Sion, Mumbai-400 022. Applicant versus 1. Sudeep Govind Laad, Age 36 years, R/o.3E/41,, Kalpataru Aura, Ghatkopar (W),…

Whether woman in live in relationship can claim maintenance under Domestic violence Act even if she was previously married?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.129 OF 2017 Jayashri Samshuddin Talapdar .. Applicant Versus Samshuddin Karim Talapdar & Anr .. Respondents Mr.Suhas Inamdar for the applicant. Mr.Shantaram A. Tarale for respondent no.1. Mr.Rajan Saliv, APP for…

Women Cannot Misuse Legal Protection to Extort Unjustified Money. U/s 12 PWDV Act disposed

IN THE COURT OF MS. SHIVANI CHAUHAN: METROPOLITAN MAGISTRATE-01 (MAHILA COURT) SAKET DISTRICT COURTS, NEW DELHI CC NO. 316/3/2007 PS- New Friends Colony UID No. 02406R0994312007 1. Ms. Sumana Bhasin W/o Sh. Neeraj Bhasin, R/o D-1101, Second Floor New Friends Colony, New Delhi-110065 ………Complainant/Applicant Versus 1….

Assets to be considered while deciding Maintenance.

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. M- 32351 of 2016 (O&M) Date of Decision: January 23, 2018 Eshan Joshi…Petitioner Versus Suman…Respondent CORAM:- HON’BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Hemant Bassi, Advocate with Mr. Kewal Singh,…

All Live-in Relationships Are Not Covered Under Provisions Of Domestic Violence Act.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 82 OF 2017 Reshma Begum W/o Gajanfar Kazi, APPLICANT Aged 30 years, Occ. Household, R/o. At present N-6, A, 120 CIDCO, Aurangabad, Taluka & Dist. Aurangabad V E R S…

No Multiple Maintenance. Maintenance to be either u/s 125 or PWDV

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR NO.4813 OF 2009 (OM) DECIDED ON : 25.08.2009 Raman Ahuja @ Banti …Petitioner versus Vandana …Respondent CORAM : HON’BLE MR. JUSTICE AJAY TEWARI Present : Mr. Karan Vir Nanda, Advocate for the petitioner. AJAY…

SAMPLE Domestic violence Quash Petition u/s 482 and Article 226 & 227 of Constitution

IN THE HIGH COURT OF JUDICATURE AT __________ IN ITS CRIMINAL APPELLATE JURISDICTION DISTRICT ­­­­­­­­­­­­­­­­­__________     Misc. CRIMINAL APPLICATION NO.        OF 2010 IN THE MATTER OF ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA AND IN THE MATTER OF SEC. 482 OF…

What are Powers of High Court U/S 482 of CrPC in Proceeding under Domestic Violence Act?

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH) Criminal Application [APL] No. 578 of 2011 Decided On: 03.05.2018 Nandkishor Pralhad Vyawahare Vs. Mangala Hon’ble Judges/Coram: B.P. Dharmadhikari, S.B. Shukre and Swapna Joshi, JJ. Citation: 2018(3) MHLJ 913 1. Hearing of this application filed by the…

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