Contempt of Courts Act, 1971, Section 2(c) -- Breach of undertaking - Petition for custody of minor child - Mother (Petitioner) gave undertaking to give back the child after 4 days - On this undertaking interim custody of child given to mother for 4 days - Mother retained custody of minor child for more than five weeks - Mother guilty of violating undertaking given in the..........
Prohibition of Child Marriage Act, 2006, Section 12, Muslim Personal Law (Shariat) Application Act, 1937, Section 2 -- A Muslim minor girl aged 15 years marrying a Muslim boy aged 18 years - Held, this marriage may be void u/s 12 of the Act of 2006 - But it is a valid marriage under Muslim law as per S.2 of Muslim Personal Law (Shariat) Application Act, 1937 which has not..........
Muslim Personal Law (Shariat) Application Act, 1937, Section 2, Prohibition of Child Marriage Act, 2006, Section 12 -- Muslim minor girl aged 15 years marrying a Muslim boy aged 18 years without the consent of natural guardian - Uncle of minor girl filed writ of habeas corpus to recover minor girl from the custody of husband - The girl who is now more than 15 years of age..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - No strong motive - However, accused had knowledge that his act may even cause death - Incidentally gun shots did not injure victim at any of his vital organs - Minor discrepancies not fatal to prosecution case when statement of eye witnesses not doubtful - Statement of accused u/s 313 Cr.P.C. to some extent in..........
Indian Penal Code, 1860, Section 376, 377, Evidence Act, 1872, Section 3 -- Rape and unnatural offence - Allegedly committed by Headmaster on school girl aged 8-12 years - Victims, the minor children examined at trial - Appreciation of evidence of child witness who is also prosecutrix - Must be evaluated carefully as the child witness may be swayed by what others tell him..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 488, Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance of minor child - Liability of father - Father is under moral and legal obligation to maintain child - Obligation of father to maintain his child does not shift to any other person including mother having custody of the child - Plea that he is..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 20 -- Accused charged of murder was minor on the date of incidence - Held, provisions of Act applicable to accused - Case referred to Juvenile Board...........
Indian Penal Code, 1860, Section 366A -- Procuration of minor girl - Essential ingredient is inducement of a minor girl to go from any place or to do any act with intent that such girl may be or knowing that it is likely that she will be forced or seduced to illicit intercourse with another - If there is charge u/s 366-A IPC then `kidnapping' is not the essential..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Wife and husband residing in U.K. - Wife came to India alongwith her minor child - Husband filing petition for custody of child in UK Court - Husband directed to pay all expenses of wife and child etc. i.e. Travel expenses, stay arrangement, Medical expenses etc. - Husband agreed to same...........
Motor Vehicles Act, 1988, Section 166, 173 -- Fatal motor accident - Claimant's widow and minor children - Compensation awarded to the tune Rs.13.12 lacs - Enhancement sought - Enhancement disallowed as claimant's were receiving benefits of family pension...........
