Supreme Court Stays HC Direction Allowing Father To Take Custody Of Minor Girl From 'Adoptive' Parents
1 year, 5 months ago

Supreme Court Stays HC Direction Allowing Father To Take Custody Of Minor Girl From 'Adoptive' Parents

Live Law  

The Supreme Court, on Friday, stayed the order of Orissa High Court to the extent it directed restoration of custody of a minor girl child to her father. “There shall be an interim stay of the direction of the High Court directing the petitioners herein to handover custody of the minor child.to respondent No.2 until further orders.” A vacation Bench comprising Justice BV Nagarathna and Justice Manoj Misra issue notice is a plea challenging the Orissa High Court order. He approached the High Court praying for issuance of writ of habeas corpus, directing the opposite parties to produce the minor in the Court and to grant him his daughter’s custody. Aggrieved with the High Court order, the aunt approached the Supreme Court, contending that the girl grew up with her and shifting her will create an emotional turmoil for her.

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History of this topic

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father
1 week, 3 days ago

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father

Live Law  

Highlighting that a custody order, unless challenged or modified by a higher court, must be respected, the Jharkhand High Court upheld a family court's order granting custody of a minor boy to his father. The above ruling came in a writ petition filed by the father seeking recovery of his son claiming that his wife took away their child despite …

HC reunites grandmother and grandchild, upholds visitation rights
3 weeks, 1 day ago

HC reunites grandmother and grandchild, upholds visitation rights

Hindustan Times  

Mumbai: The Bombay High Court on Wednesday affirmed the visitation rights of grandparents to their grandchildren after reuniting a child with her grandmother who expressed apprehensions that the child’s father might sell her. HC reunites grandmother and grandchild, upholds visitation rights The grandmother, a resident of Malad, alleged that the father had run away with the child, intending to sell …

Post-Partum Depression Is Common, Temporary: Kerala HC Sets Aside Family Court's Order Granting Permanent Custody Of Child To Father
1 month, 1 week ago

Post-Partum Depression Is Common, Temporary: Kerala HC Sets Aside Family Court's Order Granting Permanent Custody Of Child To Father

Live Law  

The Kerala High Court set aside the orders of the Family Court granting permanent custody of a one-and-a-half-year-old daughter to the father on the prima facie finding that the mother was suffering from psychiatric disorders from her old medical records indicating post-partum depression. Snehalatha observed that the Family Court should not have granted permanent custody the daughter to the father …

"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband
3 months, 2 weeks ago

"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband

Live Law  

Observing that "the identity and autonomy of an adult woman are not defined by her relationships or familial obligations", the Punjab & Haryana High Court has rejected the habeas corpus plea of a father who sought custody of his 30-year-old daughter, allegedly for sending her back to her matrimonial home.Justice Manjari Nehru Kaul said, "the Constitution safeguards her right to …

Rajasthan High Court Grants Custody Of 2-Yr-Old Child To Widow Who Was Accused Of Abetting Husband's Suicide By In-Laws
3 months, 3 weeks ago

Rajasthan High Court Grants Custody Of 2-Yr-Old Child To Widow Who Was Accused Of Abetting Husband's Suicide By In-Laws

Live Law  

Rajasthan High Court allowed a habeas corpus petition filed in relation to a 2-year-old by a widowed mother, accused of abetting the suicide of her husband by in-laws. The division bench of Justice Inderjeet Singh and Justice Bhuwan Goyal ruled that mother being the natural guardian and in sound financial position as opposed to the respondent-grandparents was entitled to the …

Supreme Court Upholds Natural Guardian's Right to Custody Of Child
4 months ago

Supreme Court Upholds Natural Guardian's Right to Custody Of Child

Live Law  

While granting custody of a minor daughter to her father, the Supreme Court observed that granting temporary custody of a minor child to a relative would not preclude the natural guardian from seeking custody of a minor child.After the unfortunate death of a minor's mother during COVID-19, the father had asked her sisters-in-law to take care of her minor daughter …

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor
5 months, 1 week ago

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor

Live Law  

The High Court of Andhra Pradesh has emphasized the critical importance of a child's right to maintain relationships with both parents, especially at a tender age, even in cases of parental separation where custody is given only to one parent. Justice Ravi Nath Tilhari and Justice Nyapathy Vijay held that even when custody is awarded to one parent, the other …

Andhra Pradesh HC Grants Custody Of 4-Yr-Old To Father, Permits Him To Take Child Back To US Due To Health Issues, Inability To Adjust To India
5 months, 1 week ago

Andhra Pradesh HC Grants Custody Of 4-Yr-Old To Father, Permits Him To Take Child Back To US Due To Health Issues, Inability To Adjust To India

Live Law  

In a significant ruling on international child custody, the Andhra Pradesh High Court has granted custody of a four-year-old child to his father, allowing the child to return to the United States instead of staying back in India with his natural guardian/mother. Above all, in cases of dislocation of minors from a foreign country to India, the judgments are in …

“Child's Natural Right To Know And Meet His Parents Is Near Perfect”: Allahabad High Court Upholds Visitation Rights Of Father
5 months, 2 weeks ago

“Child's Natural Right To Know And Meet His Parents Is Near Perfect”: Allahabad High Court Upholds Visitation Rights Of Father

Live Law  

The Allahabad High Court has held that a child has the right to know and meet his parents, including the father during the pendency of the custody case before the Trial Court. The mother approached the High Court against the order of Family Court allowing the father to meet their son on one Sunday of every month in a public …

HC orders Pune woman to handover custody of 8-yr-old daughter to US-based husband
7 months, 2 weeks ago

HC orders Pune woman to handover custody of 8-yr-old daughter to US-based husband

Hindustan Times  

MUMBAI: The Bombay high court on Wednesday directed a 33-year-old woman from Pune to hand over custody of her 8-year-old daughter to her estranged husband based in the United States. But they began drifting apart after that, and in September 2023, when they got separated, the husband approached the district court in Mecklenburg county seeking custody of his daughter. Whilst …

'Personal Law Or Statute Can't Override Welfare Of Child' : Supreme Court Grants Custody Of Girl To Aunt Rejecting Opposition Of Father
9 months, 2 weeks ago

'Personal Law Or Statute Can't Override Welfare Of Child' : Supreme Court Grants Custody Of Girl To Aunt Rejecting Opposition Of Father

Live Law  

The Supreme Court, while granting custody of a minor child to the her aunt despite opposition from the father, held that the personal law or statute couldn't override the welfare of the child while deciding the custody of the child. Before the Supreme Court, it was contended by respondent no.1/biological father that the custody of the minor child cannot be …

Denying Compassionate Appointment To Dependant 'Married Daughters' Violative Of Articles 14, 15 & 16(2) Of Constitution: Orissa High Court
9 months, 2 weeks ago

Denying Compassionate Appointment To Dependant 'Married Daughters' Violative Of Articles 14, 15 & 16(2) Of Constitution: Orissa High Court

Live Law  

The Orissa High Court has reiterated that married daughters cannot be denied of benefits under the Rehabilitation Assistance Scheme for appointment on compassionate grounds, after death of their fathers while in service. While granting relief to a lady, who was denied compassionate appointment on the ground of her marriage pursuant to the application, the Single Bench of Dr. Justice Sanjeeb …

Elder Sister Has No Legal Right To Exercise Guardianship Over Younger Sister, Unless There's A Court Order : Supreme Court
10 months, 1 week ago

Elder Sister Has No Legal Right To Exercise Guardianship Over Younger Sister, Unless There's A Court Order : Supreme Court

Live Law  

In a habeas corpus case filed by a woman for the production of her younger sister, the Supreme Court recently held that an elder sister does not have a legal right to exercise guardianship except when there is an order by a competent Court. Dismissing the petitioner's case, the Bench of Justices Aniruddha Bose and Sanjay Kumar said, “we do …

SC orders immediate release of 25-year-old woman detained by her parents
11 months ago

SC orders immediate release of 25-year-old woman detained by her parents

Hindustan Times  

Even a single day is one day too many when liberty of a person is involved, the Supreme Court held on Wednesday as it ordered immediate release of a 25-year-old woman illegally detained by her parents to stop her from being with a man of her choice and pursue a career in Dubai. On January 3, the Supreme Court bench …

Welfare Of Child Prime Consideration In Guardianship Cases: Delhi High Court Declines Father’s Plea To Move Child To A “Better” School
1 year ago

Welfare Of Child Prime Consideration In Guardianship Cases: Delhi High Court Declines Father’s Plea To Move Child To A “Better” School

Live Law  

In a father’s plea seeking direction to his child’s mother for transfer of the child to a “better” school, the Delhi High Court has observed that welfare of the child is of prime consideration in guardianship cases. The appellant-father had filed the appeal assailing a Family Court order, whereby his application for direction to the respondent to send the child …

‘Police Immediate Protector Of Citizens’: Orissa High Court Pulls-Up Police Officer For Misbehaving With Parents Of Kidnapped Minor Girl
1 year, 2 months ago

‘Police Immediate Protector Of Citizens’: Orissa High Court Pulls-Up Police Officer For Misbehaving With Parents Of Kidnapped Minor Girl

Live Law  

The Orissa High Court recently reprimanded a police officer for allegedly misbehaving with the parents of a kidnapped minor girl. While passing order to the said officer to behave in a ‘dignified manner’, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed, “Insensitive behaviour on the part of police personnel is not at all acceptable, especially …

Child’s Age, Circumstances During Separation With Parent Relevant To Determine Its 'Intelligent Preference' While Appointing Guardian: Delhi HC
1 year, 3 months ago

Child’s Age, Circumstances During Separation With Parent Relevant To Determine Its 'Intelligent Preference' While Appointing Guardian: Delhi HC

Live Law  

Observing that a child is the worst victim where there is acrimonious relationship between the parents, the Delhi High Court has said that a minor’s age and the surrounding circumstances of the period of separation from a parent are relevant while considering his or her 'intelligent preference'. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna …

Supreme Court convenes Special Bench to hear rape survivor seeking abortion
1 year, 4 months ago

Supreme Court convenes Special Bench to hear rape survivor seeking abortion

The Hindu  

The Supreme Court shifted to high gear on August 19, constituting a Special Bench to hear a 25-year-old rape survivor who is fighting time to get an abortion. Chandrachud constituted a Special Bench of Justices B.V. Nagarathna and Ujjal Bhuyan, who rushed to the court, for the special hearing at 10.30 a.m. on August 19. During the hearing, the Bench …

Kerala High Court Closes Woman's Habeas Corpus Plea Seeking Release Of Lesbian Partner From Parental Custody
1 year, 6 months ago

Kerala High Court Closes Woman's Habeas Corpus Plea Seeking Release Of Lesbian Partner From Parental Custody

Live Law  

The Kerala High Court on Monday closed the habeas corpus petition filed by a 21 year old woman seeking the release of her lesbian partner from the custody of her family.The Division Bench comprising Justice P.B. Sureshkumar and Justice Shoba Annamma Eapen closed the petition on taking note of the petitioner's partner's/ the alleged detenu's statement that she wished to …

Mother Fails To Handover Child's Custody To Father Despite Judicial Order, Karnataka High Court Requires Her Employer To Hold Back Pay
1 year, 6 months ago

Mother Fails To Handover Child's Custody To Father Despite Judicial Order, Karnataka High Court Requires Her Employer To Hold Back Pay

Live Law  

The Karnataka High Court on Wednesday directed the Police to contact the employer of a woman who failed to handover custody of her minor child to her husband despite a judicial order, and ask the employer to hold back her pay. Court said not handing over custody of the minor child to father by the wife, even after orders are …

Where Parents Agree To Allow Child Custody To Either One Of Them, Court Can Intervene If Custody No Longer In Minor’s Welfare: Rajasthan High Court
1 year, 6 months ago

Where Parents Agree To Allow Child Custody To Either One Of Them, Court Can Intervene If Custody No Longer In Minor’s Welfare: Rajasthan High Court

Live Law  

The Rajasthan High Court has held that in cases where parties have agreed to allow the custody of the child with one of the parents, it should remain with that party alone, unless it is demonstrated that the same is no longer in the child’s welfare. The bench of Justices Vinod Kumar Bharwani and Manindra Mohan Shrivastava said: “In cases …

Supreme Court Provides Protection To 20-Year Old Girl From Her Own Family Members
1 year, 6 months ago

Supreme Court Provides Protection To 20-Year Old Girl From Her Own Family Members

Live Law  

The Supreme Court on Wednesday directed the Delhi police to provide protection to a 20-year old girl who expressed apprehension that there was a threat to her life caused by her own family members. In 2022, the girl had been granted a "right to live her life on her own" by Madhya Pradesh High Court after she stated that she …

Custody orders not rigid, can be altered keeping in mind child's need: Bombay HC
1 year, 7 months ago

Custody orders not rigid, can be altered keeping in mind child's need: Bombay HC

India Today  

The Bombay High Court on Saturday said that the custody orders cannot be made rigid and are capable of being altered, keeping in mind the needs and welfare of the child at various stages of life. The high court said this while directing a family court to hear afresh an application filed by a man seeking to be appointed as …

Biological parents of child given for adoption file habeas corpus plea in Bombay HC
1 year, 7 months ago

Biological parents of child given for adoption file habeas corpus plea in Bombay HC

India Today  

The Bombay High Court has granted five weeks' time to a Mumbai couple to get a stay from another bench of the high court on an order of the Mumbai Civil court, which had directed them to return their adopted child to its biological parents. The bench of Justices Revati Mohite Dere and Sharmila Deshmukh were hearing a habeas corpus …

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl
1 year, 9 months ago

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl

Live Law  

The Supreme Court on Friday refused to interfere with an order of the Rajasthan High Court quashing a FIR registered against a 22-year old over a physical relationship with a 16-year old girl which led to her pregnancy and child birth.Taking note of the consistent stand of the girl that she had 'consented' to the relationship, the birth of a …

Order Allowing Couple To Adopt Not Meant To Supplant CARA Process : Supreme Court Clarifies In Unmarried Student's Abortion Case
1 year, 10 months ago

Order Allowing Couple To Adopt Not Meant To Supplant CARA Process : Supreme Court Clarifies In Unmarried Student's Abortion Case

Live Law  

The Supreme Court has issued a clarification with respect to the order passed by it in a petition filed by an unmarried woman seeking termination of pregnancy. After the AIIMS reported that there was high probability of the baby coming out alive if the 29-week pregnancy was attempted to be terminated, the Court had persuaded the woman to opt for …

Supreme Court Stays HC Direction To Woman In Same-Sex Relationship To Undergo Counselling
1 year, 10 months ago

Supreme Court Stays HC Direction To Woman In Same-Sex Relationship To Undergo Counselling

Live Law  

The Supreme Court on Monday stayed an order passed by the Kerala High Court directing a 23-year old woman, who is stated to be in a same-sex relationship, to undertake counselling. The High Court passed the order in a habeas corpus petition field by her same-sex partner alleging that she had been illegally detained by her parents.Challenging the High Court …

Division Bench’s Directions Contrary To Principles Laid Down By Supreme Court: Madras High Court Single Judge On Custody Battle For US-Born Twins
1 year, 10 months ago

Division Bench’s Directions Contrary To Principles Laid Down By Supreme Court: Madras High Court Single Judge On Custody Battle For US-Born Twins

Live Law  

Nearly a month after a division bench of Madras High Court directed a woman to hand over her twin sons to their father in the US, a single judge of the high court said the 15-year-old twins are not "mere minors" but "matured minors" who cannot be treated as properties to be handed over to a person "with whom the …

Parent Seeking Custody Should Have Attachment With Minor Child, Natural Guardianship Not Sole Criterion: Chhattisgarh High Court
2 years ago

Parent Seeking Custody Should Have Attachment With Minor Child, Natural Guardianship Not Sole Criterion: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has recently observed that merely because the father is the natural guardian of his minor son, the issue of custody cannot automatically be decided in his favour.A Division Bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal reiterated that the welfare of the child is what takes precedence in such matters and that parents should have …

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court
2 years, 2 months ago

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court

Live Law  

The Gujarat High Court, while dealing with a plea filed by the mother of a minor child, recently held that the habeas corpus petition is maintainable even in matters of child custody, provided that detention of the minor child by the other parent or others is proved to be illegal and without any authority of law.The court made the observation …

Mother being natural guardian can decide child's surname, says Supreme Court
2 years, 4 months ago

Mother being natural guardian can decide child's surname, says Supreme Court

India Today  

The Supreme Court on Thursday ruled that a mother who remarries after the death of her biological father can choose the surname of her child and include it in her new family. The bench of Justices Dinesh Maheshwari and Krishna Murari overturned an Andhra Pradesh High Court decision ordering a mother to change her child's surname and refer to her …

"Can't Detain Minor In Protection Homes Against Her Wishes": Allahabad High Court Grants Minor Victim's Custody To Mother
2 years, 4 months ago

"Can't Detain Minor In Protection Homes Against Her Wishes": Allahabad High Court Grants Minor Victim's Custody To Mother

Live Law  

The Allahabad High Court has observed that even a minor has a right to keep her person and even the parents cannot compel the detention of a minor against her will unless there is some other reason for it.The bench of Justice Sanjay Kumar Singh observed thus while granting the custody of minor victim to her mother after ascertaining. The …

'Muslim mother cannot be the child's guardian', rules Kerala HC, says bound by Supreme Court precedents
2 years, 5 months ago

'Muslim mother cannot be the child's guardian', rules Kerala HC, says bound by Supreme Court precedents

Op India  

On Wednesday, the Kerala High Court said that it was bound by the precedents from the Supreme Court to observe that a Muslim woman cannot be the guardian of her minor child and the property. Though there is no bar in Quran or Hadith on a Muslim woman’s right to be a child’s guardian, the Court said that it was …

Income, Age, Bigger Family Cannot Be Sole Criteria In Child- Custody Matters : Supreme Court
2 years, 6 months ago

Income, Age, Bigger Family Cannot Be Sole Criteria In Child- Custody Matters : Supreme Court

Live Law  

The Supreme Court observed that income, age, bigger family cannot be the sole criteria to tilt balance in child- custody cases.The bench comprising Justices MR Shah and Aniruddha Bose observed thus while it granted custody of five year boy who lost his parents due to covid to his paternal grandfather.In this case, the paternal grandfather of the boy had approached …

Mother Has Preferential Right To Custody Of Minor Below 5 Yrs But Utmost Consideration Is Child's Welfare: P&H HC Rejects Habeas Corpus Against Father
2 years, 8 months ago

Mother Has Preferential Right To Custody Of Minor Below 5 Yrs But Utmost Consideration Is Child's Welfare: P&H HC Rejects Habeas Corpus Against Father

Live Law  

Punjab and Haryana High Court has dismissed a petition filed by the mother of a 3 year old, seeking issuance of a writ of habeas corpus to get the custody of the minor son from alleged illegal confinement of her husband and in-laws. Regarding the facts of the instant case, the court stated that the mother being a natural guardian …

Supreme Court Asks Father Seeking Fair Probe Into Gang-Rape & Murder Of His Daughter To Approach HC
2 years, 8 months ago

Supreme Court Asks Father Seeking Fair Probe Into Gang-Rape & Murder Of His Daughter To Approach HC

Live Law  

The Supreme Court on Monday refused to entertain a writ petition filed by a father seeking court-monitored probe into the kidnap, gang-rape and murder of his minor daughter.A Bench headed by the Chief Justice of India NV Ramana granted liberty to the petitioner father to approach the High Court.The Bench, also comprising Justice Krishna Murari and Justice Hima Kohli, made …

Can't Suddenly Hand Over Adopted Child To Biological Parents, May Affect His Psychology: MP High Court Dismisses Habeas Corpus Plea For Custody
2 years, 9 months ago

Can't Suddenly Hand Over Adopted Child To Biological Parents, May Affect His Psychology: MP High Court Dismisses Habeas Corpus Plea For Custody

Live Law  

The Madhya Pradesh High Court, Indore Bench recently refused to interfere in a matter related to custody of a child, holding that an adopted child cannot be handed over to his biological parents without enquiring whether the child has any knowledge of his parentage. Placing reliance on the decision of the Apex Court in Tejaswini Guad v. Shekar Jagdish Prasad …

Gujarat High Court Grants Joint Custody Of Differently Abled Corpus To His Father & Major Daughter
2 years, 10 months ago

Gujarat High Court Grants Joint Custody Of Differently Abled Corpus To His Father & Major Daughter

Live Law  

In a peculiar case, where the corpus lost his memory up to 95% and his wife died by committing suicide, the Gujarat High Court has permitted the corpus' major daughter and his father to share joint custody of the corpus.The Bench comprising Justice Sonia Gokani and Justice Mauna Bhatt further directed that once the second daughter of the corpus becomes …

Child welfare is supreme in custody cases, says Supreme Court
2 years, 11 months ago

Child welfare is supreme in custody cases, says Supreme Court

Deccan Chronicle  

New Delhi: The Supreme Court has ruled that in matters involving the custody of a minor child having foreign citizenship, the predominant right of child welfare can’t be weighed against the rights of parents who involved in a dispute over the repatriation of the child. “The issue regarding custody of a minor child and the issue of the repatriation of …

Stepmothers May Not Show Same Affection for Kids as Biological Mothers, Says K'taka HC in Custody Battle
2 years, 11 months ago

Stepmothers May Not Show Same Affection for Kids as Biological Mothers, Says K'taka HC in Custody Battle

News 18  

The Karnataka High Court denied interim custody order of a child to the father on the grounds that he had remarried and the step mother would not be able to take care of and show affection to children which biological mothers instinctively would. A single-judge bench comprising Justice Krishna S Dixit dismissed a petition challenging a family court order in …

'CWC Acted Beyond The Scope Of Juvenile Justice Act': Madras High Court Returns The Custody Of Child To Adoptive Mother
3 years ago

'CWC Acted Beyond The Scope Of Juvenile Justice Act': Madras High Court Returns The Custody Of Child To Adoptive Mother

Live Law  

Madras High Court has recently set aside an order of the Child Welfare Committee to lodge a child in one of the reception homes in a custody battle between the adoptive mother and the biological mother. A Division Bench of Justice P.N Prakash and Justice R. Hemalatha was hearing two habeas corpus petitions filed by the biological mother and the …

Writ Of Habeas Corpus Can Be Issued For Restoration of Custody of Minor to the Parent Wrongfully Deprived Of It: Punjab And Haryana High Court
3 years, 3 months ago

Writ Of Habeas Corpus Can Be Issued For Restoration of Custody of Minor to the Parent Wrongfully Deprived Of It: Punjab And Haryana High Court

Live Law  

Holding that habeas corpus can be issued for restoration of custody of minor to the parent wrongfully deprived of it, the Punjab & Haryana High Court recently granted relief to a father who had filed a petition alleging illegal custody by his wife and her parents.The High Court went on to rely on the Supreme Court's observation in Yashita Sahu …

'Custody Of Minor Rape Victim Can't Be Given To Accused's Kin': Gauhati High Court Takes Suo Moto Cognizance, Stays Lower Court Order
3 years, 5 months ago

'Custody Of Minor Rape Victim Can't Be Given To Accused's Kin': Gauhati High Court Takes Suo Moto Cognizance, Stays Lower Court Order

Live Law  

Dealing with a suo moto case concerning the plight of a minor rape victim, the Gauhati High Court has stayed a trial court's order grating the victim's custody to accused's sister in law after observing that the same will not be in the interest of the victim girl.The girl, aged about 12-15 years, working as a domestic help, was allegedly …

Uttarakhand High Court Grants Minor's Custody To Maternal Uncle On Habeas Corpus Plea
3 years, 6 months ago

Uttarakhand High Court Grants Minor's Custody To Maternal Uncle On Habeas Corpus Plea

Live Law  

Noting that the maternal uncle of a minor has sufficient means to look after him, the Uttarakhand High Court on Wednesday handed over the custody of a 17-Year-old to his maternal uncle on a habeas corpus plea seeking custody of minor against his own father.The Bench of Justice R. C. Khulbe ordered thus while noting that the minor has crossed …

SC Directs Masking Of Identity of Petitioner-Girl Seeking Protection Against Parents In Entire Record, All Reports/Copies Of Proceedings
3 years, 6 months ago

SC Directs Masking Of Identity of Petitioner-Girl Seeking Protection Against Parents In Entire Record, All Reports/Copies Of Proceedings

Live Law  

The vacation bench of Justices Dinesh Maheshwari and Aniruddha Bose was considering an SLP against a March 9 order of the Delhi High Court lodging the petitioner-girl, who is alleged to be a minor by her parents, at the Kasturba Gandhi National Memorial Trust, Bhaktawapur, Delhi and requiring that the Chairperson, Child Welfare Committee, Alipur, Delhi ensure that adequate safety, …

SC allows man to meet daughter who has accused him of killing her mother
3 years, 9 months ago

SC allows man to meet daughter who has accused him of killing her mother

Hindustan Times  

The Supreme Court has allowed a man to meet his daughter, who has accused him of killing her mother, saying it would be “in the best interest” of the six-year-old to maintain her relationship with him, especially since the charges were yet to be proved. A bench, headed by Justice Sanjay Kishan Kaul, called the situation “difficult” as the child …

Teenage Daughter Needs Mother To Share Issues Comfortably: Punjab And Haryana HC Upholds Daughter's Custody With Mother
3 years, 9 months ago

Teenage Daughter Needs Mother To Share Issues Comfortably: Punjab And Haryana HC Upholds Daughter's Custody With Mother

Live Law  

The Punjab & Haryana High Court last week observed that there are so many things that a daughter can't discuss with her father and as such mother is the best person to take care of her daughter at growing age. The matter before the Court The Father/Appellant of a 13-year-old daughter challenged the Judgment passed by the Family Court, Gurugram …

Orissa High Court Asks Woman to Hand Over Custody of 15-Month-Old Baby to His Father
3 years, 11 months ago

Orissa High Court Asks Woman to Hand Over Custody of 15-Month-Old Baby to His Father

News 18  

The Orissa High Court has allowed a man to take custody of his 15-month-old son observing that continuance of the custody of the toddler with the mother, who is now staying separately, would be detrimental to the child’s mental and physical development and may also affect his psychology negatively. “In case of her failure to do so, the police shall …

Plea In Supreme Court Against Automatic Granting Of Custody Of Male Child To Father In Dawoodi Bora Community
4 years ago

Plea In Supreme Court Against Automatic Granting Of Custody Of Male Child To Father In Dawoodi Bora Community

Live Law  

A writ petition has been filed before the Supreme Court challenging the constitutional validity of a custom followed by the Dawoodi Bora community among Muslims, according to which the custody of a male child above the age of 7 automatically goes to the father. The petition has been filed by a Mumbai-resident, Fatema Quaid Zohar Challawala, stating that the said …

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