Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482(4), Bharatiya Nyaya Sanhita, 2023, Section 65, 61(2), 137(2), 303(2), 308(2) -- Anticipatory bail - Rape - Victim was less than 16 years of age at the time of alleged offence as per date of birth certificate of victim girl issued by Registrar of Birth and Death - Prima facie, it appears that S.65(1) BNS would be..........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ia) -- Divorce - Adultery - Desertion - Petition by husband - Petition filed against wife on the ground of voluntary sexual intercourse with a person other than her spouse and desertion - However, wife on other hand alleged that after two months of marriage, she discovered husband in a compromising position with his step..........
Service -- Maternity leave - Denied on the ground of birth of third child - Appellant has two biological children out of her first wedlock, but that was before entry into service - Post entry into service and from her subsisting marriage, this is her first child - Moreover, two children out of her first wedlock are not residing with her but with their father, who is having..........
Family Courts Act, 1984, Section 7, 10(3), Hindu Marriage Act, 1955, Section 13, 26 -- Divorce - Granted subject to payment of Rs.50 lakhs to minor son - Husband is doing agricultural, real-estate and civil contractor and having 20 Acres of agricultural land - Even after that husband did not give any money for maintenance of minor child since the birth of child - Amount of..........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Directing municipal authorities to record name of mother in birth record of their child as a single parent - Child not even been made a party - Very request of mother for recording her name as a single parent in the birth record, undermines the child's interest - Welfare of child is of paramount consideration -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Juvenile Justice (Care and Protection of Children) Model Rules, 2016, Rule 12 -- Plea of juvenility - Determination of age - JJB held accused below the age of 18 years at the time of incident on the basis of date of birth provided in school records - Petitioner alleged that three different date of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Marriage between the husband and wife is not disputed - Even the birth of daughter out of said wedlock is also not disputed - Wife is living in her maike along with her daughter with sufficient reason - Salary of husband @ Rs.25,000 p.m not disputed besides income from truck business - Parents..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Age of victim - Determination - Birth certificate of victim is doubtful - Merely because documents are tendered and same are public documents, its manner of procurement and foundational material drawing for birth certificate not being gathered by I.O, it is difficult to accept the date reflected over..........
Custody of child -- Claimed by father - Mother of child died and child is residing in the house of maternal grandfather - Child after his birth was with his parents for about 10 years till the death of his mother - He was separated from the father in 2021 - Grandparents cannot have a better claim than the father, who is a natural guardian - There is no allegation of any..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Penetrative sexual assault - Determination of age - Admittedly, school admission record based on affidavit of uncle of prosecutrix who is not examined thus cannot be relied upon as conclusive proof - Even, prosecutrix and mother..........
