Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of interested/relative witnesses - Son and wife of deceased allegedly covered a distance of 16 kilometers in a matter of barely thirty minutes on a single bicycle - However, it seems highly unlikely that a boy of 17 years of age would be able to cover such a long distance that too with his middle-aged mother as..........
Muslim law -- Hizanat (custody) and Wilayat-e-nafs (Guardianship) - Distinction - Physical custody and day to day upbringing is hizanat and all other aspects than hizanat would fall in wilayat-e-nafs - Primarily hizanat of minor is with mother upto particular age and after reaching that age custody of mother who is hazina is taken away and vested with father who is called..........
Child custody -- Welfare of minor is supreme consideration though provisions of special statutes govern rights of parents or guardians...........
Joint Family Property -- Partition suit - Partition took place in 1983 and portion of suit property was purchased by defendant No.1/father of plaintiff in 1984 - Since partition was held among family members of first defendant, his parents and brothers and sister, ancestral property ceased to be joint family property on the date of partition itself - Suit for partition..........
Interim custody of Child -- Permission to take child abroad sought by mother - Mother is admittedly in charge of child since pendency of original petition for permanent custody of child - Though child requires both the parents, but since mother has to travel abroad for her employment, said opportunity cannot be jeopardized solely because she is a mother - Petitioner being..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - No document, affidavit or income proof filed to indicate that wife is engaged in any gainful employment or possesses any financial resources of her own - Mere bald assertions made by husband cannot substitute evidence, especially in maintenance proceedings and sustenance of wife and child who are unable to..........
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..........
Protection of Children from Sexual Offences Act, 2012, Section 8, Registration of Births and Deaths Act, 1969, Section 12, 17 -- Birth Certificate - Sexual assault - Conviction - Age of prosecutrix - As per the birth certificate on record prosecutrix was 17 years old at time of the incident - Accused alleged that birth certificate on record is not a valid document as it no..........
Custody of child -- Child not allowed by mother to interact with father inspite of directions of Court - Contempt of Court proceedings filed by father - Parties may be divorced as husband and wife, but they can never be divorced as parents - Their responsibilities as parents will continue as long as they live, notwithstanding whether they are husband and wife - Contempt..........
