Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Presumption - Nothing on record to prove that consent of natural mother of adoptee was taken - No evidence on record that ceremony of giving and taking was performed - In the absence of giving and taking ceremony, adoption cannot be said to be valid - Even no evidence on record to prove that adoptee..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 3 -- Scope - Inter se dispute between husband and wife cannot be decide by Tribunal under the Act - Merely because husband having crossed age of 60, is not a ground to confer a jurisdiction upon maintenance Tribunal to decide such dispute...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Cancellation of transfer deed - Property transferred in favour of son by his father - Transfer made with pious hope that son would continue to serve him as he was doing prior to execution of document - Having failed to look after father by son and provide basic amenities in his old age, son..........
Indian Penal Code, 1860, Section 376(2)(g), 342, Evidence Act, 1872, Section 3 -- Gang rape - Appreciation of evidence - Evidence on record clearly proves that victim was around 14 years of age at the time of occurrence - Even, evidence of victim is corroborated by ocular testimony of her parents - Moreover, nothing elicited in cross-examination to disbelieve their..........
Family Courts Act, 1984, Section 6 -- Role of counselor - Child custody - In custody matters counselor assists child, if he/she is of such age, to accept reality of incompatibility between parents and yet make child understand that child is of both parents and child has right to get love and affection of both parents and also has duty to love and respect both parents etc...........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Two matriculation certificates - Date of birth of respondent in his first matriculation certificate is based on declaration of his parents and in second matriculation certificate on basis of his own declaration after his failure in 10th class - It is first..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Eviction order - District Magistrate has to only see who is the owner of the property in question and then accordingly has to pass the order - In the instant case, it has been found that respondent No.2, mother of petitioner No.1, is the owner of property in question and she has claimed that..........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Seeking release of his wife/detenue from ashram - Threat to detenue and petitioner`s life at hands of her parents - Detenue being of tender age and pregnant with petitioner's child cannot be kept in ashram against her will especially when petitioner is willing to keep her under his care - Commissioner of Police is..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 2(d) -- Parents - Father or Mother need not to be senior citizen meaning thereby father or mother need not be person of more than 60 years of age...........
Prohibition of Child Marriage Act, 2006, Section 12 -- Marriage of girl aged 14 years with the boy aged above 18 years - Marriage is an offence u/s 9 of the Act - Till the minor child attains the age of majority, parties are merely contracting parties and not husband and wife - Question of handing over custody of minor to boy does not arise, as he cannot claim to be..........
