Protection to life and liberty -- Petitioners are performed marriage - However, petitioners no.2 is earlier married to one `A' and one sided customary divorce was relied upon by petitioner no.2 - Out of said wedlock two daughters were born, who were residing with first wife of petitioner no.2 - Court being legal guardian of 2 minor girls, who are living at mercy of their..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(1), 323, 452, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape of 13 years old girl - Factum of accused has a criminal history of 6 cases suppressed in bail application - Sign of violence seen in medical examination of victim - Sexual violence upon..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(2)(N) -- Bail - Rape of minor daughter by her own father - Medical examination report of victim shows that she was subjected to sexual intercourse - Accused was capable to perform sexual intercourse as per his medical report - Incarceration of accused is necessary in the interest of..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of Minor's property by mother - Permissibility - Mother intended to dispose of minor's property and purchase a flat in joint names of herself, her daughter and minor son - By purchase of flat she can avoid payment of rent every month to a third party and she can comfortably educate her children and save certain..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Petition by wife - Application for restitution of conjugal rights and for declaration of guardianship and custody of minor children filed by husband sought to be transferred by wife - Interim order granting custody of children to husband is still in force and therefore, contention of wife of children being in..........
Indian Penal Code, 1860, Section 279, 337 -- Rash and negligent driving - Allegations that truck driver was signaled to stop but he did not stop, broke the rope and fled away - Person who held the rope sustained minor injuries as per prosecution - However, doctor stated that except complaint of pain in shoulder, there was no other injury and not even on hands - Absence of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Mere fact that wife is also earning by working as a teacher in Education department, husband cannot shrug off his responsibility to bear expenses for upbringing of child - Maintenance @ Rs.15,000/- as awarded by Court below to minor daughter cannot be said to be excessive or unreasonable by any stretch of..........
Hindu Minority and Guardianship Act, 1956, Section 8, Civil Procedure Code, 1908, Order 1, Rule 10 -- Permission to sell minors property - Petition fled by maternal grandmother and maternal uncles - Impleadment of natural father and grandparents of minor - All the parties who are in the knowledge of facts concerning minors and their property should be impleaded and heard..........
Indian Penal Code, 1860, Section 366A -- Kidnapping - There is no case of prosecution that minor was induced to go for purpose of illicit intercourse with another person - Conviction of accused u/s 366-A IPC held, illegal...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Bail - Kidnapping and rape - Accused committing penetrative offence against a 16 years old minor child - Statement..........
