Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Maintenance - Husband is Chemical engineer and is working in Saudi Arabia - He suppressed from Court his actual income - Husband co-habited with wife in Saudi Arabia for almost 11 years - Wife is entitled to lead life and maintain lifestyle and standard which she has was accustomed to while staying..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 109, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Kidnapping - Victim has clearly exonerated accused and even her brothers have stated nothing against accused in their statements during the trial of case - Prima facie accused has been able to rebut the..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Challenge thereto - Stay of operation of order - There cannot be generalized direction not to stay the operation of the interim maintenance order solely on the ground that the revisionist did not deposit the entire amount of awarded maintenance - Of course, if otherwise the factual..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual assault - Mere fact that there may not have been any witness to incident of sexual assault may not by itself let the accused free, unless Court finds child to be precocious enough to make out a story and consistently repeat the same...........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Aggravated penetrative sexual assault of 9 years old boy - Victim clearly and unequivocally stated that accused inserted his penis into anus of victim - Medical report confirmed the laceration and tear of anus - Nothing is brought by accused to establish to the..........
Criminal Procedure Code, 1973, Section 438(4), Indian Penal Code, 1860, Section 376(2)(f), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3(b), 4(2), 9(1)(n), 10 -- Anticipatory bail - Maintainability - Rape - Allegations constituting the offence u/s 376(3) IPC can be found in the form of various statements made by victim before Magistrate -..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 363, 366, 506 -- Aggravated penetrative sexual assault - Kidnapping - Accused committed rape upon victim and threatened victim to face dire consequences in case she discloses this incident to anyone - Victim became pregnant and gave birth to male child - She was about 13..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to children - While considering maintenance claims of children, denial of love and affection is also a determinative factor, even though loss cannot be compensated with money...........
Protection of Children from Sexual Offences Act, 2012, Section 10, 9(n), 14, 13(b), 15, Information Technology Act, 2000, Section 67B(a), (b), (c), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Discharge of accused - Petitioner was only propagating her views on the default sexualisation of the female naked body - The freedom of speech and..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Discharge of accused - Charge of exposition would hold only when the child has been deprived of shelter or care - Therefore, none of the acts contemplated in the above provision have taken place at all - That apart, the child's perspective of unnecessary mental or physical suffering is necessary to..........
