Evidence Act, 1872, Section 112 -- Partition suit - DNA test - Paternity of daughter disputed by father - Father cannot file an application to send daughter for DNA test - Father has to adduce evidence in any other manner to prove that plaintiff is not his daughter - Application rightly dismissed...........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Delay in lodging FIR - Father of victim child is himself a member of police force - That being so, delay in lodging of FIR assumes greater importance - There is no explanation as to why police complaint was not lodged for nearly a day after alleged incident cannot be ignored - Delay, fatal..........
Custody of child -- Claimed by mother - Writ of habeas corpus - Child is in custody of his father - No material on record which shows that custody of child is illegal - There exists no imminent or extraordinary threat perception warranting interference by Court in exercise of writ jurisdiction - Allegations made are yet to be tested before competent forum and cannot be..........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - If property is inherited by a female Hindu from her father or mother in absence of any of child, property of deceased shall go to legal heirs of father - Husband will not get any right over property inherited by her from her father...........
Criminal Procedure Code, 1973, Section 127 -- Maintenance to wife - Enhancement - Husband is employed as a Professor - Salary of husband increased to approximately Rs.75,000 from Rs.70,000 - He does not have any other substantial liabilities, as his mother is a retired government employee and a pensioner, his father is self-sustaining and his sister is also employed -..........
Evidence Act, 1872, Section 45, 112 -- DNA test - Paternity of children - Divorce proceedings - Husband disputes the paternity of children in order to prove that wife is in adulteration - Children are not party to divorce proceedings and are not claiming any maintenance from father - In order to prove that wife is in adulteration, husband has to adduce evidence in any..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- Maintenance to minor child - Merely because mother of minor child is also earning does not absolve father from his statutory obligation to maintain child...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- Maintenance to minor child - Liability of father to maintain his minor child is a legal and moral obligation - Father cannot seek to avoid or postpone such liability by insisting that mother must first be impleaded as party to proceedings...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A -- Summoning of additional accused - Offence u/s 498-A IPC - Allegations of cruelty and harassment in connection with alleged monetary demand attributed with clarity and consistency to husband and father-in-law - However, no specific overt act, date, instance, conversation or independent..........
Guardians and Wards Act, 1890, Section 25 -- Custody of children - Petition by husband - Wife had travelled and moved minors to India without consent of father, who was guardian and without obtaining original passports from him but rather by procuring fake or duplicate or fresh passports while original already existed for travel purposes - However, High Court while..........
