Child custody -- Claim by mother - When wife divorced from her husband, she left custody of minor with husband - However, this does not mean that wife had abandoned the child...........
Child custody -- Claim by mother - When wife divorced from her husband, she left custody of minor with husband - Wife at that time had no source of income at all - Wife now is engaged in business and has sufficient earning to maintain herself and child - Custody of child given to mother...........
Central Civil Service (CCA) Rules, 1965, Rule 13, 14 -- Authority to institute proceedings - Authority empowered to inflict minor penalties can certainly issue a charge-sheet even for imposition of major penalties as per Rr.13, 14 of Rules...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor child - Minor girl child is residing with wife - Husband claimed that he is paying Rs.5500 as school fees of child, which was not considered by Family Court - Even, wife has not claimed in his affidavit that she is paying school fees of child - Said amount ought to have been taken into account while..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Divorce proceedings - Mere fact that wife conceded the request to undergo DNA test of child, still it was obligatory for Court to consider best interest of child - No one can be compelled to undergo blood test - Moreover, in case of a minor child, he is not capable of taking decision of agreeing to test or..........
Custody of child -- Temporary custody of child granted to father during summer vacation - Challenge as to - Minor stayed with father for five days pursuant to order of Court - Statements made by minor during interaction with Additional District Judge shows nothing adverse against father in order to hold father to be an unfit person for having temporary custody of minor -..........
Criminal Procedure Code, 1973, Section 222 -- Minor offence - S.222 Cr.P.C. empowers Court to convict a person for minor offences even if he is not initially charged under them...........
Hindu Adoptions and Maintenance Act, 1956, Section 19, 22 -- Maintenance to widowed daughter-in-law and to her minor children - Widowed daughter-in-law unable to maintain herself and is also unable to receive any maintenance from her parents - Daughter-in-law is unable to provide proper education to her children - Moreover, respondents have neither given to daughter-in-law..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to son - Income of father is many times higher than income of mother - Responsibility of a parent to maintain his minor child is unqualified and without any exception - Child is thus, entitled to seek maintenance from his father according to his need, his educational qualification and personal needs commensurate to..........
Transfer of Property Act, 1882, Section 127 -- Gift - Minor is competent to accept a non-onerous gift and there is also a presumption of acceptance...........
