Custody of child -- Writ of habeas corpus - Corpus is a major and is not in any wrongful confinement - She left her parental home of her own free will and does not wish to return to her parents house - No further orders are called for in petition - Writ petition disposed of...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and child - Wife and child have no independent source of income for their survival and at the relevant time child was studying in LKG - Net income of husband is Rs.19,574 - Family Court rightly granting Rs.6,000 to wife and Rs.3,500 to minor daughter as monthly maintenance...........
Civil Procedure Code, 1908, Section 60(1)(g) -- Exemption from attachment - Retirement benefits - Right of a wife or a minor child to maintenance supersedes the employee's right to claim exemption u/s 60(1)(g) CPC...........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144 - Maintenance to mother - Son contended that his mother is rearing cattle and is getting sufficient income from it to support her - Contention rejected as it is quite unfortunate and inappropriate for an affluent son to tell his aged mother that she should go to cattle rearing to..........
Indian Penal Code, 1860, Section 366, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping and sexual assault - Quashing of proceedings - Marriage between victim and appellant got solemnized during pendency of appeal before High Court - Victim herself expressed her desire to live a peaceful and stable family life with appellant, upon whom she is..........
Muslim Law -- Matruka property - Devolution of property - Wife being a sharer is entitled to 1/8th share but where there is no child or child of a son, share to which wife is entitled is 1/4th...........
Indian Penal Code, 1860, Section 324, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 324 IPC and S.75 of JJ Act - Quashing of proceedings - Allegation against school teacher/petitioner who beat children with cane on their legs, as children were engaged in clash - Child was not treated by..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Able bodied husband cannot evade his statutory duty to maintain his wife and child by merely asserting her employability or his own limited means...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Obligation of husband is not contingent on wife's employment status, but on whether she has sufficient independent income to maintain herself and child in a manner commensurate with their status...........
Protection of Children from Sexual Offences Act, 2012, Section 6, 5(m), 8, 7, 10, 9(f), 9(k), 9(m) -- Aggravated penetrative sexual assault - Victim girl who was deaf, mute and physically handicapped was less than 11 years of age - Medical examination of child reveals no injuries on child - Contradictions and inconsistencies in the oral evidence of witnesses irreparably..........
