Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of love and affection - Non-pecuniary loss arising from deprivation of love and affection is comprehended within broader head of consortium - Consequently, no separate award under head of loss of love and affection is warranted...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Gift deed executed due to care, love and affection shown by petitioner No.1 in favour of respondent Nos.2 and 3 - There is sufficient material on record to demonstrate that petitioner No.1 failed to discharge his obligation towards respondents who are old aged persons..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Revocation - Senior citizen/respondent who is a childless widow executed registered Gift Deed in favour of petitioner who is daughter of her husband's younger brother - She executed Gift Deed out of love and affection and she was not expecting any benefit from petitioner - An express..........
Will -- Suspicious circumstance - Execution of Will in favour of daughter - Plaintiff is second wife of testator having her own income - Defendant is daughter of first wife of testator and his only offspring, who lost her mother immediately after her birth - It is quite natural that such a father shows more affection to his daughter - Conduct of testator in deciding to..........
Custody of child -- Visitation rights granted to father - Challenge as to - Wife challenges visitation right on the ground that she has not been paid maintenance, as such visitation right should not have been granted to husband - Contention rejected, as welfare of child is paramount in considering application for visitation right - Prioritizing child's need for love and..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property of senior citizen - Transfer was done out of love and affection - There was no condition to maintain appellant in said transfer deed - Tribunal without taking into consideration what basic amenities or basic physical needs were not provided for by son or..........
Custody of child -- Utmost sincerity, love and affection showered by either of parents, by itself cannot be a ground to decide custody of a child...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Persistent neglect, lack of affection and denial of conjugal rights without valid reasons cause severe mental trauma to spouse...........
Muslim Law -- Partition suit - Husband and wife have entered into a contract to put an end to marriage and accordingly marriage came to be dissolved - Husband as a part of bargain undertaken to give 1/4th share in subject property to wife - This cannot be run counter to Islamic law which mandates that women should be treated with love and affection - Wife held, rightly..........
Custody of child -- Visitation rights to father - Mother of child got remarried and also presently at Saudi Arabia - Child is in India with maternal grandfather - As regarding custody of child, same require consideration on merits at the time of final hearing of appeal - Since minor child needs love, affection, company and protection of both parents, which is his basic..........
