Haryana Municipalities Act, 1973, Section 21, Haryana Municipal Election Rules, 1978, Rule 72A -- No confidence motion - In the instant case, motion was move by 21 Councillors before Deputy Commissioner - It cannot be said that motion was not signed by 2/3rd member of total strength - Confusion which was created due to putting signatures by one Councillor at two different..........
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..........
Guardians and Wards Act, 1890, Section 7, 9 -- Custody of minor girl - Claimed by mother - Minor daughter is 12 years of age and certainly capable of forming an intelligent preference regarding her custody - She stated that she received love and affection from her father, who was taking care of her food, education and would assist her in her school projects and activities..........
Guardians and Wards Act, 1890, Section 25, Hindu Minority and Guardianship Act, 1956, Section 13 -- Custody of minor daughter - Claimed by father - Child was emotionally attached to her mother, as she is residing with her mother - She did not want to go with her father - Mother of child is well educated and a working lady - She was looking after her daughter with all love..........
Guardians and Wards Act, 1890, Section 9 -- Custody of children - Parties got married in U.S and daughter was also born out of wedlock in U.S - When parties came to India to attend wedding of relative, son was born - Wife refused to return to U.S along with children - High Court directed wife to return to U.S along with both children - However, since during course of..........
Guardians and Wards Act, 1890, Section 25 -- Custody of minor children - While deciding issue of custody of minor children, welfare of children will supersede legal right of a parent...........
Guardians and Wards Act, 1890, Section 25 -- Custody of minor children - Claimed by father - Father was involved in criminal cases - He never met minor children after 2007 nor did he render any assistance much less financial to his children - Both the children expressed their unwillingness in unequivocal terms to accompany their father as they had never seen or met him..........
Guardians and Wards Act, 1890, Section 7, 9, 17, 25 -- Custody of minor son - Paramount consideration has to be welfare of child, but if child is sufficiently mature and grown up to make a choice, then due weightage must be given to his wishes, which of course should be taken into account only after Court has arrived at a satisfaction that child's willingness or..........
Guardians and Wards Act, 1890, Section 7, 9, 17, 25 -- Custody of minor son - Claimed by mother - Child aged about 13 years expressed his unwillingness and reluctance to go and reside with his mother in his maternal grandparents house - He wanted to continue residing with his father with whom he admittedly has been living happily for past 6 years - Custody of child thus,..........
Guardians and Wards Act, 1890, Section 29, Hindu Minority and Guardianship Act, 1956, Section 8 -- Joint Hindu Family Property - Undivided share of minor - Sale by Karta/natural guardian - Without permission of Court - Where property in question is Joint Hindu Family Property in which minor had undivided share, previous permission of Court before disposing of property by..........
