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Mathew Varghese Vs. Rosamma Varghese

Court : Kerala

Subject : Family

Acts : Christian Law

Reported in : AIR2003Ker312; 2003(4)CTC193; (2004)186CTR(Ker)172; I(2004)DMC148; 2003(3)KLT6

In course of time, the relationship between the husband and wife had got strained. Even the paternity of the child appears to have become the cause of conflict between the parties.4. In the year 1987, Mrs. Rosamma alongwith … under Section 9 and Order 32-A of theCode of Civil Procedure. Sections 41 to 44 of the Indian Divorce Act, 1869 recognize andregulate the right … in Bombay, he is entitled to maintenance out of the joint family property.(3) Section 20 of the Hindu Adoptions and Maintenance Act, 1956, now provides that a Hindu father or mother is bound, during his or her

In Re: Adoption of Payal @ Sharinee Vinay Pathak and His Wife Sonika S ...

Court : Mumbai

Subject : FamilyCivil

Acts : Hindu Adoptions and Maintenance Act, 1956 - Sections 4, 5, 9, 10, 11, 40, 41(1), 41(2), 41(3), 41(5) and 41(6); Juvenile Justice (Care and Protection of Children) Act, 2000 - Sections 1(4) and 2; Rajasthan Children Act, 1970; Industrial Disputes Act; Guardian and Wards Act, 1890; Constitution of India - Articles 15, 21, 39, 45, 47 and 51A

Reported in : 2010(1)BomCR434; 2009(111)BomLR3816

(ii) foster care, (iii) sponsorship and (iv) sending the child to an after care organisation. Sub-section (1) of Section 41 provides that the primary responsibility for providing care and protection to a child is to be that of … D.Y. Chandrachud, J.The Issue1. The Petition before the Court raises an issue of the interpretation of the Hindu Adoptions and Maintenance Act, 1956 and the Juvenile Justice (Care and Protection of Children) Act, 2000. The Hindu Adoptions

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 … (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 … 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 (hereinafter referred to as the Act) after

Snehalaya’s Snehankur Adoption Centre, Through Its Authorized Sig ...

Court : Mumbai Aurangabad

Subject : Land Acquisition

2003, provides that the State shall undertake measures to ensure that children without families are either placed for adoption, preferably intracountry adoption, or foster care or any other family substitute services. Clause (d) of Section 17 reads … the child. 7 Thus, after waiting for a period of two months, as required under the provisions of Section 41(5)(b) of the Juvenile Justice Act, 2000, petitioner tendered an application with Respondent No.1Committee to declare the child to

Md. Somesh Ali Vs. State of Assam

Court : Guwahati

Subject : Criminal

Acts : Juvenile Justice Act, 1986; Indian Penal Code (IPC) - Sections 376; Code of Criminal Procedure (CrPC) , 1973 - Sections 313

26 in terms lays down that the court should proceed with the case but after having found that the child has committed the offence it is debarred from passing any sentence but would forward the child to the … a maning to the term 'juvenile' as occurring in Chapter VI (Sections 41 to 45) of the Act because a juvenile covered by any of … therefore, clearly of the opinion that the procedure prescribed by the provisions of the Act has to be adopted only when the competent authority finds the person brought before it or appearing before it to be under … Sessions Judge, Dhubri, in Sessions Case No. 101/92, convicting the accused-petitioner under Section 376 IPC and sentencing him to undergo rigorous imprisonment for a period

Mewa Singh and ors. Vs. Sampuran Singh

Court : Punjab and Haryana

Subject : Family

Acts : Hindu Succession Act, 1956 - Sections 2 and 4; Hindu Adoptions and Maintenance Act, 1956; Hindu Law

Reported in : (2000)126PLR73

time of his death he had an expectant wife namely Mukhtiar Kaur, who gave birth to a female child. Joginder Singh, father of Gurdev Singh, deceased, along with his wife Basant Kaur, in order to save Mukhtiar … born daughter, adopted the plaintiff as their son. The customary ceremonies of adoption were performed in the village in the presence of respectables and relatives … defendants No. 2 and 3 are the bona fide purchasers for valuable consideration and they are protected under Section 41 of the Transfer of Property Act. On merits, it was denied that the parties are not governed by

Gaurav JaIn Vs. Union of India and Others Overruled

Court : Supreme Court of India

Subject : Constitution Criminal

Acts : Constitution of India - Articles 1, 2, 3, 4, 5, 6, 7, 8, 9(3), 12, 13, 14, 15, 16(1), 17(2), 18, 19(1), 20. 21, 23, 24, 28, 29, 32, 34, 36, 37, 39, 45, 51A, 141, 142 and 145(6); Immoral Traffic (Prevention) Act, 1956 - Sections 2; Supreme Court Rules; Women and Girls Act, 1956; Code of Criminal Procedure (CrPC)

Reported in : AIR1997SC3021; 1997(2)ALD(Cri)199; 1998(3)ALLMR(SC)433; 1997(2)Crimes40(SC); JT1997(6)SC305; 1997(4)SCALE657; (1997)8SCC114; [1997]Supp2SCR105

social stigma and to make available to them equal opportunities for the social order.3. Equally, the right of the child is the concern of the society so that fallen women surpass trafficking of her person from exploitation; contribute … Legal Principles relating to Protection and Welfare of the Children with Special Reference to Foster or Placement and Adoption Nationally and Internationally: the General Assembly Resolution 41/85 of December 3, 1986; the United Nations adopted Standard Minimum … etc. The victims of the trap are the poor, illiterate and ignorant sections of the society and are the target group in the flesh trade;

Mary Cheriyan and anr. Vs. Bhargavi Pillai Bhasura Devi and anr.

Court : Kerala

Subject : FamilyProperty

Acts : Marumakkathavam Law; Travancore Nayar Act - Sections 36

Reported in : AIR1968Ker82

Raman Nayar, J. 1. The question before us is whether, under the Marumak-kathayam law, a subsequently conceived child gets a right by birth in the property obtained by its mother for her separate share in the … in common or not) Admission to this body is, by birth (or adoption) into the family, in the female line in the case of a … enact a presumption of such an intention -- see for example, section 48 of the Madras Marumakkattayam Act section 41 of the Travancore Nayar Act of 1100 and Sections 64 of the Cochin Nayar Act. These provisions are

Madhab Sahu and anr. Vs. Hatkishore Sahu and ors.

Court : Orissa

Subject : FamilyProperty

Acts : Hindu Law; Transfer of Property Act, 1885 - Sections 3 and 41; Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 2

Reported in : AIR1975Ori48

adoption. 8. Mr. Pal contends that the theory of adaption involves the principle of a complete severance of the child adopted from the family in which he is born, both in respect of bis paternal and internal lines … consideration and was benami. On his finding that ext. 3 was genuine and for consideration, he held that section 41 of the Transfer of Property Act was applicable, and as such, plaintiff derived a valid title under ext.

Girimallappa Channappa Somsagar Vs. Kenchava San-yellappa Hosmani

Court : Mumbai

Subject : FamilyAppeal allowed

Reported in : AIR1921Bom270; (1921)23BOMLR213; 61Ind.Cas.294

I.L.R(1880) Bom. 545 it was held on grounds of public policy that adoption by Naikins cannot be recognized by Courts of Law and confers no … as well as beneficial estate, and to leave bonafide purchasers from the murderer to the protection afforded by Section 41 of the Transfer of Property Act, instead of adopting the artificial distinction of English law between a legal … language of a Statute prescribes that, upon the death of a person, his estate shall vest in his children, in the absence of a will, how can any doctrine, or principle, or other thing called public policy,