Medical Termination of Pregnancy Act, 1971, Section 3 -- Termination of pregnancy - Rape victim - Guidelines issued: (i) Circulation of existing guidelines and SOPs: The Department of Health and Family Welfare, Government of NCT of Delhi and Ministry of Health and Family Welfare, Government of India is directed to ensure that the existing guidelines/Standard Operating..........
Criminal Procedure Code, 1973, Section 128, 362 -- Order passed u/s 128 Cr.P.C - Review - Family Court can review its order, as embargo u/s 362 Cr.P.C will not apply to any of provisions in the Chapter IX Cr.P.C including S.128 Cr.P.C...........
Matrimonial dispute -- Speedy disposal of cases relating to marriage and family affairs within a time frame - Guidelines issued for strict observance by all Family Courts in Delhi, till such time rules are formulated by State Government in consultation with High Court of Delhi Viz. (A) Issue of Summons: When a suit has been duly instituted, a summons may be issued to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - If husband instead of discharging of his obligation indulges himself in excessive drinking habit, which deteriorates the family condition, it would naturally lead to a mental cruelty to the wife and the entire family including children...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Family Court should not give an adjournment for a long period while referring parties to a Court Counselor...........
Arbitration and Conciliation Act, 1996, Section 8 -- Reference to arbitration - Memorandum of Understanding (MoU) having an arbitration clause exclusively executed between appellant and respondent - MoU contains a description of respective family units and their concerns - Neither Bank nor company are parties to arbitration agreement - MoU indicates that there are certain..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Courts below had ignored material evidence on the aspect of property having been divided by father of defendant - Defendant himself admitted to having sold one plot in favour of one person claiming himself to be exclusive owner of such property - Brother of defendant sold a part of..........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Respondent sated that on 6.6.2017 for the first time she had knowledge of her child marriage with appellant which was solemnized by her parents under the pressure of uncle of her father - No evidence on record that prior to said date she had knowledge regarding her marriage - Petition u/s 12 of the Act filed..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Allegation that accused after snatching gold necklace of victim kidnapped her - No evidence on record that accused kidnapped the victim with an intention to marry her - Victim stated that she was raped against her will multiple times for seven days - However, no evidence on record that victim had at any time during said..........
Partition suit -- Joint Family Property - Defendants specifically discharged their burden by oral and documentary evidence that items of Scheduled II are not joint family properties and that items of Scheduled III are not at all presented by parents of plaintiff - Burden heavily shifts on plaintiffs who approached Court seeking partition of properties claiming to be joint..........
