Harmonising competing reliefs under the PWDV Act 2005 and Senior
Citizens Act 2007
20 Section 3623 of the PWDV Act 2005 stipulates that the provisions ... parties claiming under the PWDV
Act 2005 and Senior Citizens Act 2007. Section 3 of the Senior Citizens Act, 2007
cannot be deployed to over
Women from Domestic Violence Act, 2005 (for short the ' PWDV Act '). It is submitted that no interim relief was obtained in that suit ... 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
acts Supreme Court took the view that provisions of the
2005 Act have to be construed harmoniously with the 2007 Act
operating in a separate ... claiming under the PWDV Act 2005 and Senior Citizens Act
2007. Section 3 of the Senior Citizens Act, 2007 cannot be
deployed to over-ride
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
Protection of Women
from Domestic Violence Act, 2005 ( Briefly, „ PWDV Act ‟ ), pending
in the Court of learned Additional Chief Judicial Magistrate,
Hailakandi, Assam ... Prior to filing of the complaint under Section 12 of the PWDV
Act, the wife had also filed a case under Section
remedies and
protections that are sought to be conferred by the
PWDV Act 2005. The PWDV Act 2005 is also in the
nature ... parties claiming under the
PWDV Act 2005 and Senior Citizens Act 2007.
Section 3 of the Senior Citizens Act, 2007 cannot be
deployed to over
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
parties claiming under the PWDV Act 2005 and Senior Citizens Act 2007. Section 3 of the Senior Citizens Act, 2007 cannot be deployed to over ... Supreme Court, it stands settled that both the Acts i.e. Senior Citizens, Act, 2007 and PWDV Act, 2005 are to be read simultaneously
Women from Domestic Violence Act, 2005
(for short 'the PWDV Act '), the Magistrate is not vested with
the power of granting custody ... PWDV Act and submitted that
under the provisions of the said Act, it is the aggrieved
person alone can apply for the reliefs
counsel for
the petitioner has relied upon Sector 26 of the PWDV Act, 2005 .
The said provision runs as follows:-
Section 26 in The Protection ... Act before Family Court
claiming relief under Section 18 , 19 , 20 and 21 of the said Act
because such an application, as per PWDV Act