Custody of child -- Claimed by mother - Original petition for custody of child filed by father not pressed by him, since interim custody of child is given to him - In that, interim application was filed by mother to get back custody of younger child - Original petition could not have been closed without ensuring welfare of child - Family Court before proceeding further..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Divorced wife has no case that she is having any title or ownership over property in question - She was trying all means to continue in the property by filing cases one after another against her husband and in-laws - No domestic violence was committed against wife as found by Magistrate..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction - Eviction is not at par to procedure as prescribed in CPC, where rights and titles are determined, as provisions of the Act is for ensuring needs of senior citizens and that is to be handled carefully so that structure of family may not be abrupted...........
Criminal Procedure Code, 1973, Section 125, 482, Family Courts Act, 1984, Section 19 -- Maintenance - Order of maintenance passed by Family Court cannot be quashed u/s 482 Cr.P.C. as it is only Revision which lies thereagainst...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 1 kg Charas - Reduction of sentence - Accused who is about 49 years of age is the sole earning member of his family having four children to look after - He is not involved in any other criminal activities after his conviction and no other criminal case is pending against him -..........
Partition suit -- Joint family properties - Properties in question independently purchased by defendant/elder brother of plaintiff from his own source of income - Suit properties are not joint family properties - Plaintiff cannot seek relief of partition of suit properties and he would also not be entitled to seek for a permanent injunction restraining defendants from..........
Medical Termination of Pregnancy Act, 1971, Section 3 -- Termination of pregnancy - Rape victim - Guidelines issued: (i) Circulation of existing guidelines and SOPs: The Department of Health and Family Welfare, Government of NCT of Delhi and Ministry of Health and Family Welfare, Government of India is directed to ensure that the existing guidelines/Standard Operating..........
Medical Termination of Pregnancy Act, 1971, Section 3 -- Termination of pregnancy - Rape victim - Guidelines issued: (i) Circulation of existing guidelines and SOPs: The Department of Health and Family Welfare, Government of NCT of Delhi and Ministry of Health and Family Welfare, Government of India is directed to ensure that the existing guidelines/Standard Operating..........
Criminal Procedure Code, 1973, Section 128, 362 -- Order passed u/s 128 Cr.P.C - Review - Family Court can review its order, as embargo u/s 362 Cr.P.C will not apply to any of provisions in the Chapter IX Cr.P.C including S.128 Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Guidelines issued to Family Courts...........
