Custody of child -- Claimed by father - Writ of habeas corpus - Two minor children are under care and custody of their mother, who is living independently and separately from father of children - Children were not forcibly taken away by mother from custody of father - Custody of minor children with their mother is not unlawful - Writ petition dismissed...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Reduction of sentence - Accused is in jail since 2016 and has no previous criminal history - Father of accused is aged about 80 years and there are two minor daughters to be looked after by accused as single parent after death of his wife - Sentence of accused thus, reduced to 5 years...........
Service -- Compulsory retirement - Allegation of procedural lapses in discharge of duties and receiving illegal gratification - However, only charges of procedural irregularities were proved and not charges of bribery - There was negligence on part of respondent in performing his duties - Mere fact that charge memo issued without prior approval of Central Vigilance..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor son - Father is a government servant and getting salary of Rs.20,000/- pm - Payment of Rs.20,000/- pm to minor son as awarded by Family Court will leave no resources to maintain his other two children and family - (i) Rs.6.64 lakhs paid as arrears shall be treated as full and final payment as of 28.02.2021;..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to minor daughters - Merely because wife is capable of earning, is not sufficient ground to refuse maintenance to minor daughters...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea by husband that he does not have means to pay or he does not have job or his business is not doing well - These are only bald excuses - In fact, these have no acceptability in law - If husband is healthy, able bodied and is in the position to support himself, he is under legal obligation to support his minor..........
Custody of child -- Difference between custody and guardianship - Guardianship natural or otherwise is more about right exercised by a person over a minor in relation to his person or property, while dealing with a third party on minor's behalf or minor himself - Custody on the other hand is something related to day-to-day care ad supervision of minor by an adult...........
Hindu Minority and Guardianship Act, 1956, Section 6(a) -- Custody of child - Claimed by mother - Two minor children staying with their father - Father is unskilled casual labourer - His pursuits for livelihood would leave him no time to extend any personal care to minors - Minors are therefore, looked after by nieces of father - Mother of children is better educated than..........
Custody of child -- Law would not countenance custody of a minor to be handed over to a parent who is an under trial, in connection with other murder and that too, on a charge of conspiracy with a paramour...........
Custody of child -- Claimed by mother - Mother of child is an accused in a case relating to her husband's murder - Possibility that mother might truly be a conspirator in her husband's murder, predicates a personality which would not be beneficial for minor in grooming her about her moral values and a very important aspect of a child's welfare - Custody of child denied to..........
