Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 363, 366A, 376, 323, 343, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 21, 29 -- Bail - Kidnapping and rape - Victim though was minor, was not of age that she did not understand the act involved - Age difference between accused and victim is about 4-5 years - Victim..........
Custody of Child -- Writ of Habeas corpus filed by father - Child staying under care and custody of mother - Custody of child cannot be held by a person with no right or is otherwise illegal - Mother of child is a dentist and a well educated woman and she is capable of her livelihood, even if for present she does not have job in her home town - There is no justification..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354D, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12 -- Bail - Rape of minor girl - Accused was a matured married man aged 34 years having two children - Victim specifically narrated three incidents where she was subjected to sexual harassment by accused and..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of grandparents of child - Application for custody of child filed by mother - Mother of child stated that she was thrown out of matrimonial home - There is bitterness in relationships between father and mother of child and also petitioners - Effort on part of petitioners in connivance with father of..........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Enhancement of - No evidence was brought on record by husband to establish actual income of wife - Husband is not discharging and taking responsibility to maintain his wife who is living independently from him with her children - He is thus, under an obligation to contribute amount for maintenance of..........
Custody of child -- Claimed by mother - Parties are Muslims - Child who is less than 4 years is in custody of his grandfather - Father of child died - Mother asking for child's custody from grandfather, who is resisting mother's right, certainly entitles mother to say that grandfather's custody is unlawful - Though under personal law of parties, grandfather may be..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of statutory period of six months - Parties entered into MOU settling all issues - No dispute with regard to custody of their minor daughter - Statutory period of 6 months waived...........
Andhra Pradesh Minor Mineral Concession Rules, 1966, Rule 35A -- Revision application - Challenging issuance of show cause notice alleging variation between total extracted quantity of sand and permitted quantity - Inspection of mining site was conducted in absence of petitioner - Dismissal of revision application of petitioner without according reasons is arbitrary and is..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by mother - Permissibility - Selling of property in question is very much necessary for welfare of two minor daughters and continuation of their studies in School, particularly after death of their father - Mother produced bills to establish that she is paying tuition fees to the tune of..........
Passport Act, 1967, Section 6 -- Issuance of passport to minor child - Child was adopted under Hindu Adoptions and Maintenance Act, 1956 - Passport authorities cannot go into validity of adoption of a minor child at the time of issuance of passport, as Officer could decline a passport only for reasons set out in S.6 of the Act...........
