Criminal Procedure Code, 1973, Section 125 -- Maintenance petition by married daughter and her minor brother - Since daughter is married as such she is not entitled to claim maintenance - Provision of S.125 Cr.P.C. does not prohibit any person from filing maintenance petition on behalf of minor children - Maintenance petition filed by married daughter for herself and on..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance by married daughter and her minor brother - Application for maintenance dismissed and revision there against was filed by married sister alone - Revisional Court exercised suo moto power u/s 399 Cr.P.C to set aside dismissal order passed against minor brother on the ground of locus standi and granted maintenance to..........
Indian Penal Code, 1860, Section 376 -- Rape - Lodging of FIR after 34 years and that too on the basis of bald statement that prosecutrix was a minor at the time of commission of offence, could itself be a ground to quash proceedings - No explanation for such delay in lodging FIR - Material on record show that relationship was consensual, as son who is born out of said..........
Guardians and Wards Act, 1890, Section 7, 25 -- Custody of child - Claimed by father - Minor child in custody of his mother for past 17 years - He is going to attain majority within ten months - There are no adverse materials to show that there is an inconvenience to minor child under the custody with his mother - Considering welfare of child, it is appropriate to allow..........
Indian Penal Code, 1860, Section 363 -- Kidnapping of minor by her own mother - A parent cannot be held guilty of offence of kidnapping as both the parents of child are her equal natural guardians...........
Indian Penal Code, 1860, Section 363 -- Kidnapping of minor by her own mother - For an offence of kidnapping to be made out, it is necessary that minor child is taken away from the custody of a lawful guardian - However, a mother falls well within ambit of lawful guardian especially in absence of an order divesting her of the same passed by a competent Court...........
Indian Penal Code, 1860, Section 363 -- Kidnapping of minor by her own mother - Minor child was only 3 years old at the time of occurrence - In view of S.6 of Hindu Minority and Guardianship Act, it would be in the best interest of minor child to be in custody of her mother - Complaint along with all subsequent proceedings quashed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Anti suit injunction - Restraining wife from proceeding with divorce petition filed by her in USA - Both the parties are presently residing in USA - Rights and liabilities of parties including custody of minor child can be effectively also determined in proceedings initiated by wife in USA - Proceeding..........
Custody of child -- Writ of habeas corpus - Maintainable u/art. 226 of Constitution for seeking custody of a minor child...........
Custody of child -- Writ of habeas corpus - Maintainable u/art. 226 of Constitution for seeking custody of a minor child...........
