The petitioner has filed the proceedings against the respondent-husband under the provisions of PWDV Act, 2005 and under section 125 of the Code of Criminal Proceedings. The application for maintenance under section 125 Cr.P.C. was filed after getting an...
Domestic Violence
Maintenance can be awarded both under the DV Act as well as under Section 125 CrPC (simultaneous proceeding)
11 min read
It is well settled that a wife can make a claim for maintenance under different statutes. For instance, there is no bar to seek maintenance both under the D.V. Act and Section 125 of the Cr.P.C., or under H.M.A....
Difference between a complaint u/s 2(d) of Cr.P.C and an Application u/s 12 of Domestic Violence Act
30 min read
Difference between a complaint u/s 2(d) of Cr.P.C and an Application u/s 12 of Domestic Violence Act
The provisions of the Act contemplate filing of an application under Section 12 to initiate the proceedings before the concerned Magistrate. After hearing both sides and after taking into account the material on record, the Magistrate may pass an...
It may not be out of place to mention that under the provisions of the Act an application under section 12 are in the nature of summary proceedings which are to be decided within sixty days.
Protection of Women from Domestic Violence Act, 2005 is a special law. At the risk of repetition, it is recorded that Section 28 of the said Act clearly states that all proceedings under Section 12, 18, 19, 20, 21,...
ISKCON GBC Statement on Policy guidelines for understanding and managing domestic abuse – 2020
6 min read
The ISKCON GBC accepts the GBC Statement Against Domestic Abuse and the Guidelines contained therein that give guidance to devotees and also provide resources to leaders and managers who are called upon to deal with domestic abuse in their...
The provisions of the Act contemplate filing of an application under Section 12 to initiate the proceedings before the concerned Magistrate. After hearing both sides and after taking into account the material on record, the Magistrate may pass an...
It is also to be stated that S-14 of the Act provides for counselling at any stage and the Ld. Court below can direct any of the parties either singly or jointly, to undergo counselling with any member of...
The Appellant-wife having being harassed since 2000 is entitled for protection orders and residence orders u/s 18 and 19 of the PWD, Act, 2005 along with the maintenance as allowed by the Trial Court u/s 20(d) of the PWD,...
It must be kept in mind that resort of Domestic Violence Act cannot be done to enforce property rights. For enforcement of property rights, the parties are supposed to approach civil court. Resort to Domestic Violence Act can be...
The concept of "continuing offence" gets attracted from the date of deprivation of stridhan, for neither the husband nor any other family members can have any right over the stridhan and they remain the custodians... Regard being had to...
Prevention of Women from Domestic Violence Act, 2005 - Section 2(q) - Ambit - Legislature never intended to exclude female relatives of husband or male partner from ambit of complaint that can be made under provisions of Domestic Violence...
You must be logged in to post a comment.