Evidence Act, 1872, Section 58, 17 -- Admission - Adoption - Partition suit - Plaintiff filed suit in the year 1989 claiming that he is adopted son of one `M' and acquires six properties and decree in said suit - After 19 years, by way of rejoinder in the suit, he takes a total `U' turn to deny that he pleaded adoption in said case - Plaintiff gives evidence before Court..........
Evidence Act, 1872, Section 58, 17 -- Admission - Adoption - Partition suit - Judicial admission of earlier suit on record that plaintiff is adopted son of one `M', which was reinforced by admissions of PW2, plaintiff's own witness - PW2 admitted that said `M' had no issues and about 40-50 years back, `M' adopted plaintiff and properties of `M' were given to plaintiff -..........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Partition suit - Plaintiff was adopted 40-50 years back to one `M' - Suit properties already held to be self acquired properties of defendant no.1 - In such event, right to succeed to said property accrues to his children only on his death - Defendant no.1 died in the year 2010 - Adoption set up by..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 57, 58, Adoption Regulations, 2017, Rule 21(1) - - Application for adoption by Indian prospective adoptive parents - Maintainability - Respondent Nos.1 and 2 submitted their application as prospective adoptive parents living in India - Although on date of submission of application for adoption, wife was..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 59, 57 -- Application for adoption by Indian prospective adoptive parents - Husband and wife bone fidely pursing their applications for adoption initially as resident Indians and thereafter even as overseas citizens of India, after acquiring US citizenship - Both of them are fully eligible and competent..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Eviction order against daughter-in-law and her two minor children - Hindu Undivided Property - No order can be passed against minor as per the Act - Mother of children being daughter-in-law of senior citizen is equally entitled to residence in suit premises both under the Act as well as other..........
Family Courts Act, 1984, Section 7, 8 -- Family Court - Jurisdiction - Grant of maintenance under Hindu Adoption and Maintenance Act - Where a family court is established in any area, no district Court or any subordinate civil Court referred to in S.7(1) shall, in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the nature..........
Family Courts Act, 1984, Section 7, 8 -- Family Court - Jurisdiction - Grant of maintenance under Hindu Adoption and Maintenance Act - Whenever a matrimonial petition is filed in civil Court in a city where Family Court is established then civil Court should return the plaint and should avoid unnecessary wastage of time, money and energy of litigants...........
Family Courts Act, 1984, Section 7, 8 -- Family Court - Jurisdiction - Grant of maintenance under Hindu Adoption and Maintenance Act - Maintenance granted by civil court in a city where Family Court is established - Objection to jurisdiction not raised in trial Court but was raised in the first and second appellate Court - Held, decision render by civil court is nullity...........
Protection of Women From Domestic Violence Act, 2005, Section 3, 7, 19 -- Scope - Essential ingredients for applicability of the Act are : (i) Claimant must be a person aggrieved i.e. a woman who is or has been in a domestic relationship; (ii) Domestic relationship should be between 2 individuals who live or have lived in a shared household, related by blood, marriage or a..........
