Domestic Violence Act 2005

8th Jan, 2019

Denial of Maintenance is a Continuing Cause of Action; Claim Not Time Barred After 3 Years

  The Delhi High Court held that the claim for maintenance was a “continuing cause of action”, and wife was not barred from claim it under the Domestic Violence Act 2005 even after a period […]
19th Apr, 2016

As long tenancy continues to be effective, tenanted premises remains a shared household under Domestic Violence Act #indianlaws

The tenanted premises where a woman lives with her husband would definitely come within the category of shared household but as long as the tenancy survives. A deserted wife who has been or is entitled […]
1st Dec, 2015

Wife does not cease to be “Aggreived person” u/s 12 of DV Act, after a decree of judicial seperation #indianlaws

In the 2005 Act, the definition of “aggrieved person” clearly postulates about the status of any woman who has been subjected to domestic violence as defined under Section 3 of the said Act. As long […]
24th Sep, 2015

Relative of Husband can be made party to proceedings under Domestic Violence Act before Family Court

Bombay High Court in a Judgement has held that family Court, entertaining proceedings under Domestic Violence Act, would be governed by the definition of ‘Respondent’ under the Domestic Violence Act and not under the Family Court Act
2nd Mar, 2014

‘Shared Household’ under Domestic Violence Act 2005 #marriagelaws #indianlaws

The Supreme Court dealt with the issue relating to Scope and meaning of the expression Shared Household vis-à-vis question as to whether in the property (ies) wherever the husband and wife lived together last becomes […]
21st Feb, 2014

Concept of Matrimonial Home under Domestic Violence Act 2005 and Hindu Marriage Act, 1955

Scope and meaning of the expression Shared Household vis-à-vis question as to whether in the property (ies) wherever the husband and wife lived together last becomes falls under the definition of shared household .