Topic

domestic violence proceedings

2 articlesLatest May 2026
Section 12 & 23 DV Act | Ex Parte Interim Maintenance Permissible Despite Parallel CrPC 125 Order: Allahabad HC
Case Law Analysis
|Allahabad High Court

Section 12 & 23 DV Act | Ex Parte Interim Maintenance Permissible Despite Parallel CrPC 125 Order: Allahabad HC

The Allahabad High Court has affirmed that a Magistrate under the Protection of Women from Domestic Violence Act may grant ex parte interim maintenance even when a parallel maintenance order exists under Section 125 CrPC. This reinforces the DV Act’s independent remedial purpose and ensures women are not denied urgent financial relief due to procedural overlaps in civil and criminal forums.

Article 142 | Post-Settlement DV Proceedings Amount to Abuse of Process; SC Grants Divorce on Irretrievable Breakdown
Case Law Analysis
|Supreme Court of India

Article 142 | Post-Settlement DV Proceedings Amount to Abuse of Process; SC Grants Divorce on Irretrievable Breakdown

The Supreme Court quashed domestic violence proceedings filed after a ₹89 lakh mediated settlement, ruling that post-settlement litigation constitutes abuse of process. Invoking Article 142, the Court dissolved the marriage on grounds of irretrievable breakdown, even in the absence of statutory divorce grounds, setting a precedent for similar disputes.