Family Law - Custody of minor child - Welfare of the child as paramount consideration - Allegations of abandonment and surrender of custody by the biological mother - Interaction with the minor child and his expressed desire to stay with the present caregivers - Confirmation of interim custody to the present caregivers. [Para 1-8]
Prima facie evidence of the purported abandonment of the minor c...
Victim Rights and Anonymity – Media Disclosure – Disclosure of a rape victim’s identity by the media violates Section 228-A IPC. No person can publish the name or any matter revealing the identity of the victim. Ensuring anonymity is crucial to protect the victim from social ostracization and discrimination [Paras 21-23].
Rehabilitation and Compensation – State Responsib...
Criminal Law – Kidnapping and Consensual Affair – The appellant argued that the minor girl's consent should be a defense due to their consensual relationship. The Supreme Court upheld the conviction, emphasizing that the consent of a minor is immaterial under Section 361 IPC. The Court noted that the statutory provisions do not allow for the consent of the minor as a valid defense ...
Constitutional Validity – Section 16 of the Hindu Marriage Act, 1955 – The Court upheld the constitutional validity of Section 16, which legitimizes children born from void and voidable marriages, stating that it serves the purpose of social justice and protects the rights of innocent parties. [Para 1-10]
Legitimacy and Property Rights – Hindu Marriage Act, 1955 and Hindu Succ...
Matrimonial Law – Dissolution of Marriage – Appellant (Husband) sought dissolution of marriage due to mental cruelty by the wife – Complaints made by wife to Army superiors and other authorities – Court of inquiry against husband and adverse consequences in career – High Court erred in dismissing husband's plea and allowing wife's plea for restitution of conju...