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THE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS ACT, 2005#No. 4 of 2006$[20th January, 2006.]+An Act to provide for the constitution of a National Commission and State Commissions for Protection of Child Rights and Childrens Courts for providing speedy trial of offences against children or of violation of child rights and for matters connected therewith or incidental thereto.WHEREAS India participated in the United Nations (UN) General Assembly Summit in 1990, which adopted a Declaration on Survival, Protection and Development of Children;AND WHEREAS India has also acceded to the Convention on the Rights of the Child (CRC) on the 11th December, 1992;AND WHEREAS CRC is an international treaty that makes it incumbent upon the signatory States to take all necessary steps to protect childrens rights enumerated in the Convention;AND WHEREAS in order to ensure protection of rights of children one of the recent initiatives that the Government have taken for Children is the adoption of National Charter for Children, 2003;AND WHEREAS the UN General Assembly Special Session on Children held in May, 2002 adopted an Outcome Document titled "A World Fit for Children" containing the goals, objectives, strategies and activities to be undertaken by the member countries for the current decade;AND WHEREAS it is expedient to enact a law relating to children to give effect to the policies adopted by the Government in this regard, standards prescribed in the CRC, and all other relevant international instruments; BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-CHAPTER IPRELIMINARYCHAPTER IPRELIMINARY1.Short title, extent and commencement.1. Short title, extent and commencement.-(1) This Act may be called the Commissions for Protection of Child Rights Act, 2005.(2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2.Definitions.2. Definitions.-In this Act, unless the context otherwise requires,-(a) "Chairperson" means the Chairperson of the Commission or of the State Commission, as the case may be;(b) "child rights" includes the childrens rights adopted in the United Nations convention on the Rights of the Child on the 20th November, 1989 and ratified by the Government of India on the 11th December, 1992;(c) "Commission" means the National Commission for Protection of Child Rights constituted under section 3;(d) "Member" means a Member of the Commission or of the State Commission, as the case may be, and includes the Chairperson;(e) "notification" means a notification published in the Official Gazette; (f) "prescribed" means prescribed by rules made under this Act;(g) "State Commission" means a State Commission for Protection of Child Rights constituted under section 17.
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Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014
The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law
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