Indian Penal Code, 1860, Section 366, 368, Criminal Procedure Code, 1973, Section 482 -- Kidnapping from lawful guardianship - Quashing of proceedings - Accused running a hostel for poor students - Allegation against accused that he induced and lured victim's mother by giving assurance in such a way to send victim along with him - Ingredients of kidnapping from lawful..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of minor child - Visitation rights - Meaning - Right of one parent to visit children of marriage under order of Court - Visitation order is an order establishing visiting times for a no, custodial parent with his or her children - Although no, custodial parent is responsible for the care of child during..........
Hindu Minority and Guardianship Act, 1956, Section 3, 6 -- Applicability of Act - Custody of minor child - Act is not applicable to Christians - In the instant case, Mother is a Christian but in as much as she has not raised any objection to applicability of the Act, it is presumed that child will be governed by Hindu Law...........
Hindu Minority and Guardianship Act, 1956, Section 4(b), 6(a) -- Guardian - Custody of minor child - S.6(a) of Act preserves the right of father to be the guardian of property of minor child but not the guardian of his person whilst the child is less than five years old as it craves out the exception of interim custody in contradistinction of guardianship in favour of..........
Hindu Minority and Guardianship Act, 1956, Section 6(a) -- Custody of minor child - Child when not completed the age of 5 years shall ordinarily be with mother - However, Act does not disqualify mother to custody of child even after the latter's crossing the age of five years - Father's suitability to custody is not relevant where child whose custody is in dispute is below..........
Hindu Minority and Guardianship Act, 1956, Section 6(a) -- Custody of minor child - Father failed to prove that mother is so unfit to care for the minor child as justifies the departure from the statutory postulation in S.6 of the Act - Reports of Social Worker lucidly indicate that at present child is extremely comfortable and happy in the company of his mother but..........
Protection of Women From Domestic Violence Act, 2005, Section 21, Family Courts Act, 1984, Section 7, 8 -- Custody of minor - U/S 21 of 2005 Act, no independent remedy has been provided to seek custody of minor child and jurisdiction has been conferred upon Magistrate to grant temporary custody of child to aggrieved person during the course of hearing of an application for..........
Indian Penal Code, 1860, Section 365 -- Kidnapping of minor aged 4 years - Offence of kidnapping becomes complete as soon as minor child was taken out of lawful guardianship of his parents/grandfather - Child was recovered from custody of accused after a period of 13 days - Accused rightly convicted...........
Criminal Procedure Code, 1973, Section 97, Hindu Minority and Guardianship Act, 1956, Section 6 -- Search warrants - Custody of minor - Father forcibly removed his suckling child of 18-1/2 months from custody of his mother - Act of father of placing the child beyond the reach of mother tantamounts to confinement of child giving rise to an offence - Issuance of search..........
Guardians and Wards Act, 1890, Section 7, 10 -- Custody of minor - In case of custody/appointment of guardianship of a minor, dominant consideration is welfare of child...........
