Indian Penal Code, 1860, Section 363, 370, 120B, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 80, 81 -- Offence u/ss 363, 370, 120-B IPC and Ss.80, 81 of JJ Act - Order of framing of charges - Male child was transferred by accused in exchange of Rs.5 lakhs that was paid to poor family wanting to give up child for adoption - Exchange of money..........
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Appeal - Order rejecting application U.O.9.R.13 CPC - Defendant has option either to challenge ex parte decree by way of first appeal or by way of Misc. appeal against order of rejection of application U.O.9.R.13 CPC - Appeal u/s 19 of Family Courts Act is maintainable against..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree in favour of husband - Husband pleaded that he performed second marriage after expiry of limitation of filing of appeal - Wife disputing second marriage by submitting that photograph and marriage card produced are forged documents created only to misguide..........
Family Courts Act, 1984, Section 7(1) -- Explanation (g), Guardian and Wards Act, 1890, S.9 - Custody of children and permission to take them abroad - High Court exercising supervisory power u/art 227 of Constitution cannot bye pass Family Court to decide on the question of guardianship of person or custody of or access to any minor...........
Family Courts Act, 1984, Section 7(1) -- Explanation (g), Guardian and Wards Act, 1890, S.9 - Custody of children and permission to take them abroad - Petition by mother - It is for Family Court to take a decision regarding guardianship and permanent custody of younger three children - Prayer of mother to take children to Australia has to be enquired into and adjudicated..........
Partition suit -- Ancestral property - Great grand father of plaintiffs had died before coming into force of Hindu Succession Act - Property in question therefore, was governed under Mitakshra Law and whatever was inherited by his sons will continue to retain the character of co-parcenary property in the hands of his sons - Thereby whatever came into hands of defendant..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of husband @ Rs.1,09,000 pm - Husband has to take care of parents - Father of husband getting pension - Wife freelance content writer and before lock down earning Rs.10-12 thousand p.m. but is not able to do any work on account of lock down - Even after taking into consideration wife's earnings,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - Deceased died because of consuming poisonous substance - However, facts reflect that deceased was hyper-sensitive girl aged about 16 years and feels herself humiliated among his family members, friends and in society on account of immoral act, misbehavior and..........
Service -- Family pension - Widowed mother who is only claimant of family pension after widow of deceased got re-married, is held entitled for grant of family pension from said date...........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/s 307 IPC - Merely because parties entered into a compromise to live in brotherhood, peace and harmony, without background of friendship, closeness of family, strong bonds or being in relations, it is meaningless to permit compounding of heinous..........
