residence: safeguard against domestic violence
E Harmonising competing reliefs under the PWDV Act 2005 and Senior Citizens
Act 2007
F Summation
2
PART ... Protection of
Women from Domestic Violence Act 200511;
11
“ PWDV Act 2005”
8
PART B
(ii) The proceeding under Sections
Protection of Women from Domestic Violence Act, 2005 (for short the ' PWDV Act '). It is submitted that no interim relief was obtained ... could have availed of the remedies available to her under the PWDV Act which will be frustrated by the plaintiff by withdrawal of the proceedings
Protection of Women from Domestic Violence Act (in short the PWDV Act )
against the petitioner and his parents, which is pending disposal before the
learned ... complaint filed by
the respondent under Section 12 of the PWDV Act and the execution
petitions filed therein from the Court of learned Metropolitan Magistrate
definition of 'shared household' in Section 2(s)
of the PWDV Act 2005 is exhaustive. This has also recently
been held ... expression 'shared household' in
Section 2(s) of the PWDV Act of 2005 is in two parts: in
the means part
Guardian and
Wards Act, 1980. Along with the main petition preferred under PWDV, the
petitioner also moved applications for ex parte and ad-interim directions ... judgment of the Supreme Court in Rajnesh v. Neha2 .
1 PWDV
2 [ (2021) 2 SCC 324]
TR.P.(C.) 5/2022 Page
Protection of Women
from Domestic Violence Act, 2005 ( Briefly, „ PWDV Act ‟ ), pending
in the Court of learned Additional Chief Judicial Magistrate,
Hailakandi, Assam ... Munir, learned Additional P.P. for the State.
4. Whether the PWDV Actis retrospective or prospective and
whether, the criminal proceeding is hit by Article
competing remedies and
protections that are sought to be conferred by the
PWDV Act 2005. The PWDV Act 2005 is also in the
nature ... result in
obviating competing remedies under other special
statutes, such as the PWDV Act 2005. Section 26 of
the PWDV Act empowers certain reliefs, including
Women from
Domestic Violence Act, 2005 (hereinafter referred to as
the ' PWDV Act ' for short) and grant any of the reliefs
under section ... been filed by the respondent herein
under Section 12 of the PWDV Act seeking a residence
order and monetary reliefs. The maintainability of the
original
Protection of Women from Domestic Violence Act, 2005 (PWDV Act, 2005 ). By the said complaint case, she sought maintenance for herself ... right in a shared household within the meaning of the PWDV Act 2005, would defeat the object and purpose which the Parliament sought to achieve
Protection of Women from Domestic Violence Act, 2005
(for short 'the PWDV Act '), the Magistrate is not vested with
the power of granting ... PWDV Act and submitted that
under the provisions of the said Act, it is the aggrieved
person alone can apply for the reliefs
