Criminal Procedure Code, 1973, Section 125 -- Maintenance to two daughters - Daughters are residing along with their mother and they have not provided any records demonstrating that father is paying maintenance amount to them - Petitioner being a father is legally bound to maintain the daughters and provide an excellent education to his daughters - Father is running a..........
Indian Penal Code, 1860, Section 323, 34 -- Offence u/ss 323, 34 IPC - There is allegation that petitioner beat on the cheek of minor victim and kicked him down and the same made sufferings to the child - It is also alleged that, mother of victim shared common intention with the petitioner herein in doing the said overt acts, prima facie - Offence punishable u/s 323 r/w..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Offence u/s 75 of the Act - Petitioner does not have actual charge or control over the child - Therefore, offence punishable u/s 75 of JJ Act would not attract as against petitioner, though the same would attract against the other accused, who being the mother of victim, has actual charge or..........
Guardians and Wards Act, 1890, Section 25 -- Custody of child - Claimed by father - Child is aged about 8 years and he has been living with his mother since 2017 - Nothing on record to show that mother is not capable of taking care of child or that while in her custody, child is not safe - Moreover, father of child has taken the child outside Rohtak without permission of..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance to parents - Parents/respondents are living separately from the son/petitioner - Mother is employed and father is doing some labour work - Son on the other hand is a engineer and earning Rs.28,500 p.m - It is legal duty of son to support his parents who are unable to maintain themselves - Family Court..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Child not impleaded as party to proceedings - However, proof of neglect by husband towards his wife and minor child can be sufficiently proved by wife qua the child also - Right of minor child to claim maintenance remain subsumed within mother's petition for maintenance, even if child has not..........
Civil Procedure Code, 1908, Order 18, Rule 3, 4, Hindu Marriage Act, 1955, Section 13 -- Recording of evidence through video conferencing - Divorce proceedings - Wife defending suit through her mother in whose favour she executed power of attorney - Evidence of wife's mother and power of attorney holder has already been recorded as PW1 - Wife has not appeared before trial..........
Indian Penal Code, 1860, Section 302 -- Murder of pregnant woman - Allegations against mother-in-law and father-in-law - No demand of dowry proved by PWs - Prosecution failed to prove involvement of appellants except the statement of mother of deceased which is not relevant because remote events cannot directly connect the happening of incident in question - Benefit of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation that wife assaulted her mother-in-law - However, factum of grievous injuries suffered by mother-in-law on being assaulted by sharp edged weapon was not proven to any extent - What may have occurred may therefore, continue to be described as a family squabble which may never..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law and father-in-law - Deceased died otherwise than under normal circumstances within seven years of her marriage - Testimonies of PW-1, PW-2 and PW-3 do not indicate that any demand for dowry was made by appellants either before or at the time of marriage of deceased with..........
