| Topics |
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Judgement |
| PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 |
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| PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 |
CrPC — S 125 — Family Courts Act —Section 26 — DV Act — S 20 — Respondent not a legally wedded wife — No proof regarding dissolution of first marriage of respondent — Maintenance to minors — name of father of tried to be rectified — Second child — No convincing evidence to show that he was born to respondent from applicant— Held, case of the respondent is completely out of purview of the provisions of Section 125, CrPC & DV Act— Order quashed. (Para 13 & 14) |
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| PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 |
DV Act — Provisions of — Attraction of — Live in relationship — Essential requirements — Held, applicant must not only to show existence of live-in-relationship with the non- applicant — which is akin to a marriage visible from the fact that applicant & non-applicant are living together as husband and wife — but also should show that they are otherwise legally qualified to marry. (Para 10) |
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| PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 |
DV Act — S 2(f) — Protection under — Married woman in domestic relation with other man — Held, even if, she is successful in establishing a long standing relationship with the man, she would not be entitled to protection under the provisions of the Domestic Violence Act. (Para 10) |
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| PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 |
DV Act — S 2(f) — Domestic relationship — Dissolution of first marriage of respondent — Deed of dissolution — non production of — Held, in the absence of proof regarding dissolution of first marriage of respondent — Provisions of DV Act not attracted. (Para 11) |
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| PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 |
DV Act — S 2(f) — Domestic relationship — Married non-applicant —Domestic relation not valid — Provisions of DV Act not attracted. (Para 11) |
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| PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 |
DV Act — S 26 — Relief in other suits and legal proceedings — (1) Any relief available under sections 18, 19, 20, 21 and 22 may also be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of this Act— (2) Any relief referred to in sub-section (1) may be sought for in addition to and along with any other relief that the aggrieved person may seek in such suit or legal proceeding before a civil or criminal court—(3) In case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this Act, she shall be bound to inform the Magistrate of the grant of such relief. (Para 12) |
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| PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 |
DV Act — S 26 — Relief in other suits and legal proceedings — Held, the court would not be empowered to grant the relief unless sought. (Para 12) |
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| PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 |
DV Act — S 26 — Suo motu considering the application under —Held, it was obligatory on the part of the Family Court to hear the non-applicant before awarding maintenance under Section 26, DV Act — Opportunity to non-applicant clearly denied. (Para 12) |
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