Must Prove and May Be Proved
Tempt Women to MISUSE their provisions and men to dread being prosecuted under law without any rhyme or reason
No proof of marriage
Both Parties Shall File Income Affidavit
A party suffering “guilt” or “fault” disentitles himself/herself from consideration
Delay in delivery of judgments is violation of Right to Life under Article 21 of the Constitution of India
Cruelty and its effect varies from individual to individual
Husband returning home late from work, eating out or quarrelling cannot be considered cruelty
Even the case brought on the ground of desertion, by taking into consideration subsequent events, divorce could be granted on the ground of cruelty
Continuous ill-treatment, cessation of marital intercourse, studied neglect, indifference on the part of the husband, to prove legal cruelty
Invoke IPC 209 ON THOSE WHO MAKING FALSE COMPLAINTS N CLAIMS
Explain why wife had left her husband
FALSE CLAIMS NOT ETITLED AND MUST BE PUNISHED
If no domestic violence no monetary relief can be granted to wife
Interim maintenance amount should be based on status of both part
Judgment in a criminal case is admissible to prove conviction or acquittal
Meaning of "Unable to Maintain"
Mere vague allegation is not sufficient to bring the case within domestic violence act
No maintenance for a deserting wife
No maintenance for a deserting wife (Judgement 2)
No maintenance to wife in absence of DOMESTIC VOILENCE
Object of the "bail" is to secure the attendance of the accused at the trial
Only because the husband had filed divorce petition, would be no licence for the wife to file criminal cases making wild allegations which she is unable to prove
Roti के लिए कहना बुज़ुर्गों की आदत है judgement
Well qualified wife is not entitled to remain as an idle and claim maintenance from her husband
Who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final
Wife is also entitled to claim a right to residence in a shared household belonging to relatives of the husband
Wife is not entitled to advantage of her own wrong she cannot harass the husband on the count of maintenance though she is capable to earn
Wife is entitled to reliefs under the Domestic Violence Act if she continued to cohabit with her husband(ex) post-divorce
जब तक बहु पीड़ित है तब तक बहु को सास ससुर के घर में रहने का अधिकार है पर केवल साक्ष्यों के आधार पर
साठ दिन में charge sheet नहीं दी तो आरोपी बेल का हक़दार है
BAYANA (Earnest Money) CANT BE FORFIETTED
BAYANA (Earnest Money) CANT BE FORFIETTED [Judgement 2]
BAYANA (Earnest Money) CANT BE FORFIETTED [Judgement 3]
A woman not having the legal status of a wife is thus brought within the inclusive definition of the term ‘wife’
Appellant, having been fully aware of the fact that the respondent was a married person
Cause of action
could not prove even a live-in relationship in a separate matrimonial home and of the revisionist being recognized as wife of Umesh Gupta by the public at large
defect of jurisdiction whether it is pecuniary, territorial
DIVORCE PRCEEDINGS CANNOT BE STARTED UNTIL PAYMENT OF MAINTENANCE
divorce trial shall be STOPPED withheld till the petitioner pays the arrears of maintenance to the respondent
Domestic Violence is a violence which is committed when parties are in domestic relationship
JURISDICTION TO FILE D.V ACT ANYWHERE
Tempt Women to MISUSE their provisions and men to dread being prosecuted under law without any rhyme or reason
judge can formulate an opinion pertaining to likely income from the capital assests of husband bharat hegde case
Us 19(1)b DV ACT Court can remove the HUSBAND from the shared household
Execution Process defined
No territorial jurisdiction for filing DV
Wrongly invoked jurisdiction Order 7 Rule 11
PROCLAIM GUIDELINES TO BE FOLLOWED
Defective vakalatnama judgement
Liv-in Women Is WIFE
Not have jurisdiction to entertain the DV complaint
No new counsel can enter appearance unless a ‘No Objection Certificate’ is obtained from the existing Advocate
TEMPORARY ADDRESS JURISDICTION 27 DV ACT
Tendering of false affidavits undertakings judgement
The hand can also be a weapon by itself
Widow have right to residence
पति की मृत्यु के बाद, ससुर ‌को विरासत में मिली संपत्ति से भरण-पोषण का दावा करने का महिला को पूरा अधिकार
Husband cant deny maintain merely on a plea of not having any source of income 2018
ENCHROACHMENT REMOVING