Hindu Succession Act, 1956, Section 6(as - - Right of married daughter to file partition suit - Retrospective application of daughter`s right in co-parcenary property was not available when earlier partition suit filed in 2004 came to be decreed - Daughter held, justified in filing subsequent suit for partition, as fresh cause of action has arisen to her to maintain the..........
Guardians and Wards Act, 1890, Section 25 -- Custody of minor daughter - Claimed by mother - Father of child had forcibly taken custody of his 2 years and 2 months minor daughter - As per S.6 of the Act, custody of child who is less than five years of age shall ordinary remain with mother - Moreover, where a child is of a very tender age, she requires love and care of her..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Eviction order against daughter-in-law - Daughter-in-law instituted proceedings u/s 498-A IPC against petitioners - In order to defeat clam of daughter-in-law in such proceedings as also to prejudice proceedings under Protection of Women from Domestic Violence Act, proceedings under 2007 Act..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deeds - Property of senior citizen - Mother executed two transfer deeds in favour of her daughter/petitioner - However, after transfer deeds having been executed, mother was left with no option but to leave village and to stay with her son - Specific averments in the..........
Indian Penal Code, 1860, Section 379, 427, 447, 504, 506, 149 -- Offence u/ss 379, 427, 447, 504, 506, 149 IPC - Property dispute between parties and civil suit pending in regard to said dispute - No cogent evidence on record to indicate possession of complainant over land - Entire case of unlawful cutting of crop thus, rendered doubtful - No independent witness was even..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 109, 111, 460, 394, 397, 201, 411, 120B -- Interim bail - For attending the marriage of his daughter - Offence u/ss 302, 109, 111, 201, 120-B, 394, 397, 411, 460 IPC - Case before trial Court is fixed for recording of statements of prosecution witnesses - Therefore, petitioner directed to be..........
Will -- Suspicious circumstance - Non-mentioning of name of daughter of testator, would not make registered Will suspicious, when testator mentioned that he has a female child on who's marriage he spent sufficient amount...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Major unmarried daughter is entitled to maintenance from her father...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter - Daughter having no source of income - Father was legally and morally duty bound to maintain her - He has his own house having value of more than Rs.2-3 crores and also having a car and motor cycle - Father also runs a business of brass - Maintenance @ Rs.8000 p.m awarded to daughter from date of filing..........
Hindu Succession Act, 1956, Section 6 -- Joint family Property - Notional partition - Right of daughter - Death of father of parties long ago prior to amendment being made to S.6 of the Act - Principle of notional partition would apply for the purpose of diving properties between legal representatives of father - They would get half share and in half share of father, his..........
