Guardians and Wards Act, 1890, Section 7, 10, 12 -- Custody of minor child - Claimed by father - Mother of child died in matrimonial home and a case u/ss 304-B, 34, 506 IPC was registered against father - Though subsequently father of child found innocent in investigation and cancellation report was accepted by Court - Moreover, mere fact of registration of criminal case..........
Evidence Act, 1872, Section 112 -- DNA test - It is a scientific test, chances of correctness thereof are very high and a scientific method is evolved to almost conclusively ascertain actual parentage of a child...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Income of husband who is holding diploma in electronics, cannot be assessed less than Rs.15,000 pm, as even a daily wager is earning more than Rs.15,000 pm - Maintenance @ Rs.4000 pm to wife and child rightly awarded...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% physical disability - Compensation - Attendant charges for life - Claimant being little girl severely suffering from incontinence meaning that she does not have control over her bodily functions like passing urine and faeces - As she grow older she will not be able to handle her periods - Claimant requires an..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% physical disability - Non-pecuniary damages - On account of pain, suffering and loss of amenities - Claimant suffered 100% physical disability and suffering from severe hysteria - She left with a brain of a nine month old child - Amount payable for pain and suffering of claimant should be at least Rs.15 lakh...........
Guardians and Wards Act, 1890, Section 25 -- Custody of minor - Husband and wife entered into settlement, out of Court, on their own free will and volition - Marriage between parties dissolved on basis of said agreement/settlement - However, later on husband stopped sending child with wife as agreed between parties - Parties are estopped from wriggling out of agreed terms..........
Constitution of India, 1950, Article 226 -- Habeas Corpus - At the instance of Egyptian national - Maintainability - Custody of child - Writ of habeas corpus is maintainable where it is proved that detention of a minor child by a parent or others was illegal and without any authority of law...........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Illegal detention - Custody of child - Petitioner is only surviving parent of child and natural guardian - He neither abandoned nor neglected child - Due to death of mother of child, child was taken care by respondents (mother and sister of mother of child) - Child lost his mother when he was just two months and..........
Service -- Family Pension Rules - Entitlement - Officer survived by a widow but has left behind an eligible minor child from another wife - Such son/unmarried daughter is entitled to pension till they attain the age of 25 years but become ineligible in case they start earning their livelihood or attains the age of 25 years which ever is earlier...........
Guardians and Wards Act, 1890, Section 7 -- Custody of child - Claimed by father - Mother of child committed suicide and father of child faced trial for offence u/ss 304-B, 306, 498-A IPC, though acquitted subsequently - However, father of child has remarried and out of wedlock one child is born - Moreover, minor child has shown her affinity towards her maternal..........
