Criminal Procedure Code, 1973, Section 125, 127 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.144, 146) - Maintenance to children - Enhancement of - Petitioners are legitimate children of respondents - They are not suffering from any physical or mental abnormality or injury so as to render them incapable to maintain - Petitioners were legally entitled for maintenance..........
Indian Penal Code, 1860, Section 363, 366, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of proceedings - Victim and accused have entered into a marital relationship and are living a happy and peaceful life which reflects a genuine reconciliation - Continuation of legal..........
Hindu Marriage Act, 1955, Section 16 -- Legitimate/illegitimate children - Existence of a ceremonious/customary marriage is a sine qua non to maintain a claim u/s 16 of the Act...........
Hindu Marriage Act, 1955, Section 16 -- Legitimate/illegitimate children - When man and woman live as husband and wife for a long time, their marriage between them could be presumed and children born to them are not illegitimate...........
Hindu Marriage Act, 1955, Section 16 -- Legitimate/illegitimate children - Marriage between parents of plaintiff during subsistence of previous marriage can be a matter of presumption - However, by operation of S.16(1) of the Act, children born in second marriage become legitimate and entitled to property of father...........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void and voidable marriage - Law as to: (i) In terms of S.16(1) of the Act, a child of a marriage which is null and void u/s 11 of Hindu Marriage Act is statutorily conferred with legitimacy irrespective of whether (a) such a child is born before or after the commencement of Amending Act 1976; (b) a..........
Hindu Marriage Act, 1955, Section 16 -- Retiral benefits - Children of void marriage - To be treated as legitimate for the purpose of succession to estate of their father...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Petition by wife - If husband is an able bodied man, he cannot project the plea that he has no means to pay - It is necessary for any husband to earn by legitimate means and maintain wife and children if any - Maintenance rightly awarded to wife...........
Service -- Compassionate appointment - Children born from a marriage entered into while earlier marriage is subsisting - As per S.16 of Hindu Marriage Act such children are legitimate - If such child is excluded from consideration for appointment on compassionate grounds then it will violate Art.14 of the Constitution...........
Hindu Succession Act, 1956, Section 16 -- Legitimate/Illegitimate children - Marriage between mother of plaintiffs and defendant no.1 is proved - Discussion as to legitimacy or otherwise of plaintiffs u/s 16 of the Act is wholly unnecessary...........
