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Zaveed Pharukhi and ors.

Court : Mumbai

Subject : CivilFamily

Acts : Guardians and Wards Act, 1890 - Sections 7, 10, 17 and 19; Hindu Minority and Guardianship Act, 1956 - Sections 4 and 6

Reported in : 2005(4)ALLMR106; 2005(4)BomCR244; 2005(2)MhLj1061

child. They therefore, considering the welfare of the child, consented and agreed to give the said child in adoption to appellant Nos. 1 and 2.4. In the circumstances, admittedly with the consent and free will of appellant … not fit to perform their duties towards the fourth child. The learned judge held that in view of Section 19(b) of the Guardians and Wards Act, 1890 it is improper to allow any person other than appellant Nos.

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

began as an option for same sex couples, to attain financial and legal partnership (tax benefits, property rights, child adoption in some jurisdictions, inheritance, etc.) now remains on the statute books for some states, with which couples who … son’s widow; mother in law, etc; Section 3 (1) (a) of the Parsi Marriage and Divorce Act, 1936; Section 19, Indian Divorce Act, 1869; Section 88, Indian Christian Marriages Act, 1872. Among Muslims, the concept of consanguinity is

Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others

Court : Allahabad

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 4, 15(1), 18, 24, 25, 29, 29(1) and (2), 36, 37 to 40 and 47; Indian Succession Rules, 1925 - Rules 6 and 39; Adoption of Children Act, 1926 - Sections 1(1) and 2, 3 and 5(2); Adoption of Children (Amendment) Act, 1949; Adoption Act, 1976 - Sections 39(2); Evidence Act, 1872 - Sections 50, 57(1); Hindu Adoptions and Maintenance Act, 1956 - Sections 12; Punjab Laws Act, 1872 - Sections 5 and 7; Oudh Estate Act, 1869; Sri Pratap Jammu and Kashmir Laws Consolidation Act, 1977; Constitution of India - Articles 13, 21 and 372; Bengal, Agra and Assam Civil Courts Act, 1887; Indian Majority Act, 1875; General Clauses Act, 1904 - Sections 3(57); Universal Declaration of Human Rights, 1948 - Article 16(1); International

Reported in : 2000(4)AWC3270

1959 on the basis of baptism register of the Cathedral. He also stated that after the adoption of the child, adopting parents get the child baptised and the baptism is the only ceremony which completes the adoption. R.W. … as saving of a customary law for the Garos'. Accordingly. It was held that prohibited degrees mentioned in Section 19 of the Indian Divorce Act. 1869, did not necessarily mean the degrees prohibited by Law of England. In

Andrew Mendez and ors. Vs. State of Kerala

Court : Kerala

Subject : Civil

Acts : Juvenile Justice (Care and Protection of Children) Act, 2000 - Sections 2, 41, 41(3), 41(6), 46, 68 and 68(1); Evidence Act - Sections 3; Family Courts Act - Sections 7, 7(1) and 7(2); Hindu Adoption and Maintenance Act - Sections 9(4); General Clauses Act, 1897 - Sections 3(15), 3(19), 3(50) and 3(51); Constitutions of India - Articles 21, 240 and 243; Code of Criminal Procedure (CrPC) , 1973 - Sections 2; Code of Civil Procedure (CPC) - Sections 9; Indian Penal Code; Kerala Juvenile Justice (Care and Protection of Children) Rules - Rules 3(19), 3(50), 3(51), 33, 33(5) and 37; Hindu Law

Reported in : 2008CriLJ2368; 2008(1)KarLJ647; 2008(1)KLT1000

by the Family Court, Ernakulam in O.P. No. 97/97 petitioners 1 and 2 were appointed as guardians of the child and the child continue to be under their care and custody. According to them, since there was no … the enactment of The Juvenile Justice (Care and Protection of Children) Act, 2000. It contained provisions relating to adoption. Adoption as a legal concept was available only among the members of the Hindu community except where custom … did not bear fruit. The history of the Adoption of Children's Bill 1972 and Adoption of Children's Bill 1980 do not, of courts, bring credit … ORDERR. Basant, J.1. Which is the court referred to in Section 41(6) of the Juvenile Justice (Care and Protection of Children) Act, 2000

Sakshi Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : CivilConstitution

Acts : Constitution of India - Articles 13, 14, 15(3), 17, 18, 19, 20(1), 21 and 32; ;Indian Penal Code (IPC), 1860 - Sections 354, 375, 376, 376(2), 376A to 376D, 377, 506 and 511; ;Criminal Law (Amendment) Act, 1983; Dowry Prohibition Act - Sections 2; ;Foreign Exchange Regulation Act - Sections 35 and 35(2); Customs Act - Sections 104; ;Sexual Offences (Amendment) Act, 1976 - Sections 1(1); Offences against Person Act, 1861 - Sections 18, 20, 42 and 47; ;Aliens Control Act, 1991 - Sections 25(5); ;Code of Criminal Procedure (CrPC) - Sections 167(1), 167(2), 273, 327(1), 327(2) and 715.1

Reported in : AIR2004SC3566; 2004(2)ALD(Cri)504; 2004(2)BLJR1378; 98(2004)CLT491(SC); 2004CriLJ2881; 112(2004)DLT457(SC); 2004(77)DRJ390; RLW2004(3)SC402; 2004(6)SCALE15; (2004)5SCC518; 2004 INSC383

On The Elimination Of All Forms Of Discrimination Against Women, 1979 and also Convention On The Rights Of The Child adopted by the General Assembly of the United Nations on 20th February, 1989 and especially to Articles 17(e) … Elimination Of All Forms Of Discrimination Against Women, 1979 and also Convention On The Rights Of The Child adopted by the General Assembly of the United Nations on 20th February, 1989 and especially to Articles 17(e) and … writ or direction declaring inter alia that 'sexual intercourse' as contained in Section 375 of the Indian Penal Code shall include all forms of penetration … mind, spirit and sense of self ?' (Susan Brownmiller, Against Our Will 1986).7. The petitioner further submits that the respondent authorities and their agents have

Ladu Ram Jat Vs. C.J. (S.D.) C.J.M. and ors.

Court : Rajasthan

Subject : Election

Acts : Rajasthan Panchayati Raj Act, 1994 - Sections 19(1) and 39

Reported in : RLW2003(2)Raj993; 2002(3)WLC555

the purpose of the disqualification mentioned in Clause (1) and a person having more than two children (excluding the child if any, born during the period from the date of such commencement to 27th November 1995) shall not … petitioner submits that Seema and Karma two daughters have been given on adoption to father-in-law of the petitioner and both of them are residing there … one unit and as Dipu was only born after 27.11.1995 can be treated as, another unit as per Section 19(1)(iv) of the Panchayat Act, 1994.6. Learned counsel for the petitioner submits that Seema and Karma two daughters have

Kalliyani Amma Bhavani Amma Vs. Narayani Amma Madhavi Amma and anr.

Court : Kerala

Subject : FamilyProperty

Acts : Travancore Nayar Act, 1100 - Sections 39

Reported in : AIR1963Ker358

'even though the first defendant had absolute rights to deal with the property allotted to her, the moment the child was born to her, such powers ceased' and thereafter she had 'only the rights of a manager of … be warranted by any provision of the Cochin Nayar Act. The Travancore Nayar Act contains no provision for adoption. Section 72, the Cochin Nayar Act, 1113, provides:'Where a tarwad consists of only male members, or of only female … grant that property allotted to a female on tarwad partition may constitute separate property within the meaning of Section 19 of the Cochin Nayar Act of 1095, he thought that 'the said Section does not enact, that during

Manchala Hushikesh Vs. Terala Pradeep Kumar and Others

Court : Andhra Pradesh

Subject : Family

Acts : Guardian and Wards Act, 1890 - Sections 17, 19 and 25; Indian Penal Code (IPC), 1860 - Sections 304-B

Reported in : 2001(3)ALD454; 2001(3)ALT212; II(2001)DMC322

against whom the application is made. This onus is particularly heavy when the guardian is the father of the child. Likewise, under Section 19 the burden ofproof to deny the natural father the custody of his child would … children and gave minor children to the respondents 1 to 3 in adoption for which the respondents have agreed by receiving the wards in the … the Act. Section 17, provides for matters to be considered by the Court in appointing guardian and while Section 19 deals with guardians not to be appointed in certain cases.'17(1) In appointing or declaring the guardian of a

Srimati Nishamoni Kalita and anr. Vs. Srimati Sarada Kalita and ors.

Court : Guwahati

Subject : FamilyProperty

herself as well as for her minor child, the ground for rejection being that the application, made under Section 19 of the Act of 1956, is not maintainable inasmuch as it is the Family Court, at Guwahati, which … No. 242/2007, whereby the learned Court below has rejected the application made, under Section 9 of the Hindu Adoptions and Maintenance Act, 1956 (in short, 'the Act of 1956') by the present petitioner, claiming maintenance, for herself

Shri N.P. Kaushik Vs. Smt. Suman Kaushik

Court : Delhi

Subject : Family

Acts : Code of Civil Procedure (CPC) - Sections 33 and 151 - Order 6, Rule 17 - Order 7, Rule 14; Hindu Adoption and Maintenance Act, 1956 - Sections 20 and 20(3); Hindu Marriage Act, 1955 - Sections 13(1), 24 and 26; Constitution of India - Article 227

Reported in : 148(2008)DLT569; I(2008)DMC605; 2008(102)DRJ159

year 1995 Ms. Geetika filed a civil suit under Section 33 CPC and Section 20 of the Hindu Adoption and Maintenance Act, 1956 against her father i.e. the petitioner claiming a maintenance of Rs. 2,000/- per month … Suman Kaushik and applicant's father Sh. N.P. Kaushik are employed gainfully and they both are required to maintain the child/applicant Ms. Geetika during the pendency of main petition Under Section 20 of the Act. Hence an interim maintenance … Geetika started residing with her mother i.e. the respondent.4. In the year 1995 Ms. Geetika filed a civil suit under Section 33 CPC and Section