Search Results Page

Search Results

1 - 10 of 18 (0.29 seconds)

Sudhannya K.N vs Umasanker Valsan on 7 September, 2012

In the decision reported in Sudhannya v. Umasanker Valsan (2013 (1) KLT 135) a Division Bench of this Court considered the question as to whether in a pending proceedings under Section 18(2) of the Hindu Adoptions & Maintenance Act for past maintenance, whether reliefs under the Domestic Violence Act (hereinafter referred to as the DV Act) can be granted by the Family Court and held that by virtue of Section 26 of the Protection of Women from Domestic Violence Act such an O.P.(FC).No.221 of 2016 7 application is maintainable before that court in a pending proceedings. It may be mentioned here that a Division Bench has not considered the question as to whether an independent proceedings for the reliefs claimable under the Domestic Violence Act can be independently maintained before the Family Court in that decision. Further, that was a case where though an application was filed before the Chief Judicial Magistrate under the Provisions of Domestic Violence Act when the petitioner filed an application before the Family Court by way of an interlocutory application in pending proceedings, the petition pending before the Chief Judicial Magistrate was not pressed. So this Court has held that by virtue of Section 26 of the Domestic Violence Act, the Family Court has power to pass interim protection orders as interim residence orders in the pending proceedings.
Kerala High Court Cites 23 - Cited by 5 - B M Joseph - Full Document
1   2 Next