Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of victim - Bar u/s 33(5) of POCSO Act - There is no absolute bar u/s 33(5) of POCSO Act to recall a victim witness - However, victim who is a minor shall not be repeatedly called to Court in the guise of cross-examination - Application u/s 311 Cr.P.C..........
Custody of child -- Writ of habeas corpus - In child custody matter, a writ of habeas corpus would not be entertainable unless it is established that detention of minor child by the parent or others is illegal and without authority of law...........
Custody of child -- Claimed by father - Writ of habeas corpus - Mother of child left the matrimonial home soon after her marriage and child was born during the period of her stay at her maternal home - Minor child is with her mother since birth - No material on record that custody of child was taken away by mother from father - Custody of child with his mother is not..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 79, Indian Penal Code, 1860, Section 370(5) -- Offence u/s 79 of the Act of 2015 and S.370(5) IPC - Quashing of summoning order - Allegation that sixteen minor boys were working as labourers in the factory of accused - However, evidence on record shows that accused has nothing to do with employment of..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 23 -- Interim maintenance to wife and two children - Husband is a senior police officer and is drawing handsome salary - Both the parties have levelled allegations and counter allegations against each other - Wife is not gainfully employed anywhere - She needs expenses for herself and for her children -..........
Guardians and Wards Act, 1890, Section 7, 9, 25 -- Custody of minor children - Minor children expressed their preference to reside with their father - They were doing well in the pursuit of their education and co-curricular activities whilst residing with father and minor children were well settled and progressing fine - Though preference made by children in itself cannot..........
Custody of child -- Writ of habeas corpus - Maintainability - In child custody matters, writ of habeas corpus is maintainable where it is proved that detention of a minor child by a parent or others was illegal and without any authority of law...........
Custody of child -- Claimed by father - Writ of habeas corpus - Mother of child died - Father gave custody of child to maternal grandmother for taking his care - It is thus, not a case that grandmother had illegally kept the custody of minor child - Compelling a minor child at the tender age of 7 years to withdraw from the custody of his grandparents with whom he has been..........
Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Sexual assault - Delay of seven days in lodging FIR - After commission of offence victim used to remain depressed - Accused had extended threats to kill victim and her parents in case she confided the matter to anyone - As..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape of minor - Age of victim not proved - DNA profiling of child victim and that of accused did not match - Except DNA test not fortifying the prosecution case, no further investigation was taken up to establish the identity of perpetrator of offence - Victim failed..........
