Prohibition of Child Marriage Act, 2006, Section 10 -- Child marriage - Performance of marriage by Mandir, Masjid, Gurudwara and Girjaghar without maintaining any record - Directions issued viz. (i) All the Pujari/Pandit of Mandir, Molwi/Qazi of Masjid, Granthi of Gurudwara and Paadari of Girjaghar in the States of Punjab, Haryana and U.T. Chandigarh, will maintain a..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband getting salary of Rs.41,000/- p.m. - However, wife is staying in her in-laws house sharing common roof with family members of husband and husband is bearing educational expenses of minor daughter - It would be appropriate to fix an amount of Rs.7 lakhs - Husband further directed to continue to provide..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Earning wife - Husband willfully neglected and refused to maintain his wife and minor son - Mere fact that husband has to look after his parents, he cannot be relieved of his obligations, as if a man is healthy and able bodied, he must be held to have means to support his wife and children - Maintenance..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 363, 366A, 376, 323, 343, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 21, 29 -- Bail - Kidnapping and rape - Victim though was minor, was not of age that she did not understand the act involved - Age difference between accused and victim is about 4-5 years - Victim..........
Custody of Child -- Writ of Habeas corpus filed by father - Child staying under care and custody of mother - Custody of child cannot be held by a person with no right or is otherwise illegal - Mother of child is a dentist and a well educated woman and she is capable of her livelihood, even if for present she does not have job in her home town - There is no justification..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354D, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12 -- Bail - Rape of minor girl - Accused was a matured married man aged 34 years having two children - Victim specifically narrated three incidents where she was subjected to sexual harassment by accused and..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of grandparents of child - Application for custody of child filed by mother - Mother of child stated that she was thrown out of matrimonial home - There is bitterness in relationships between father and mother of child and also petitioners - Effort on part of petitioners in connivance with father of..........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Enhancement of - No evidence was brought on record by husband to establish actual income of wife - Husband is not discharging and taking responsibility to maintain his wife who is living independently from him with her children - He is thus, under an obligation to contribute amount for maintenance of..........
Custody of child -- Claimed by mother - Parties are Muslims - Child who is less than 4 years is in custody of his grandfather - Father of child died - Mother asking for child's custody from grandfather, who is resisting mother's right, certainly entitles mother to say that grandfather's custody is unlawful - Though under personal law of parties, grandfather may be..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of statutory period of six months - Parties entered into MOU settling all issues - No dispute with regard to custody of their minor daughter - Statutory period of 6 months waived...........
