Juvenile Justice (Care and Protection of Children) Act, 2015, Section 56(3), Hindu Adoptions and Maintenance Act, 1956, Section 5, 16 -- Adoption - Where a person qualifies to adopt a child under provisions of both 1956 Act and JJ Act, it would be choice of such person to opt for either of such Acts for adoption, particularly where there is no repugnancy between two..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 56(3), 80, Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Presumption - Once an adoption deed is executed and registered under the Act, Court shall presume that adoption is made in compliance with provisions of the Act until it is disproved...........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 6, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Parole - Offence u/s 22 NDPS Act - Petitioner involved in other three cases under NDPS Act - Likelihood of his involvement in similar offence while on parole is not be taken as active and real apprehension of threat to security of..........
Special Marriage Act, 1954, Section 36 -- Maintenance pendente lite - Husband was a director of private company - He earns more than Rs.1 lakh p.m from company - Before separation of wife she was used to a particular living standard - Maintenance @ Rs.50,000 was awarded by Court below to wife after taking into account the status of husband - Litigation cost of Rs.2 lakhs..........
Matrimonial litigation -- Furnishing of affidavit of assets, income and expenditure - Directions issued to Family Courts in the States of Punjab, Haryana and Union Territory of Chandigarh and also to all Courts handling matrimonial litigation in the said states that : (i) Courts shall insist upon parties to furnish "Affidavit of assets, income and expenditure" in given..........
Indian Penal Code, 1860, Section 326, 307 -- Offence u/ss 326, 307 IPC - Reduction of sentence - Victim is the wife of accused - She filed a case for claiming maintenance u/s 125 Cr.P.C - Victim was questioned by accused as to why she had filed case against him which circumstances led to commission of offence of injury inflicted on victim by accused - There appears..........
Hindu Adoptions and Maintenance Act, 1956, Section 15, 16 -- Adoption deed - Presumption - No presumption can be raised u/s 15 of the Act, in absence of signature of natural father or mother of adoptee as was mandatorily required in terms of S.16 of the Act itself - Adoption deed not valid...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is a government employee, working as Headmistress in primary School and receiving handsome salary for maintaining herself - She can even bear expenses of litigation - Husband is paying Rs.4000 p.m to each of daughters regularly (total Rs.8,000/-) for their maintenance - Wife held, not entitled to..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of husband from various sources as pleaded was not established by any cogent evidence on record - Wife has no adequate source of income and she has to travel from UP to Kota for attending each date of hearing - Order of trial Court directing husband to pay Rs.4000 pm towards maintenance pendente..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Claim of maintenance of Rs.10,000/- per month - Where wife claims a specific amount of maintenance, concept of determining maintenance @ 1/3rd of total income accruing to husband cannot be made as a foundation of deciding application...........
