Post-Partum Depression Is Common, Temporary: Kerala HC Sets Aside Family Court's Order Granting Permanent Custody Of Child To Father
4 months, 2 weeks 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 merely based on the mother's medical records which indicated post-partum depression shortly after giving birth to the child. The Court stated that it could not find in favour of the order of the Family Court granting custody to the child merely based on the mother's old medical records indicating post-partum depression. Court stated, “It is thus obvious that the presumption of the learned Family Court regarding the alleged psychiatric issues of the petitioner cannot be found favour with, at least as of now, without further evidence and assessment.” The Court observed prima facie that they were not agreeable to the father's argument that the child's life would be in danger since the mother was unable to take care of the child by relying upon the medical report.

Family Medical Court Family Court Postpartum Depression Custody Child Order Mother Stated Father Permanent Ker Suffering Psychiatric Permanent Custody  order  kerala  medical  suffering  father  permanent  child  mother  sets  psychiatric  court  hc  custody  granting  family  temporary  stated  postpartum

History of this topic

Family Court's Approach Can't Be Like Ordinary Civil Proceeding: Delhi HC Sets Aside Order Closing Wife's Right To File Reply In Divorce Plea
3 weeks, 2 days ago

Family Court's Approach Can't Be Like Ordinary Civil Proceeding: Delhi HC Sets Aside Order Closing Wife's Right To File Reply In Divorce Plea

Live Law  

The Delhi High Court has said that while dealing with matrimonial matters, family courts must adopt an approach which is different from ordinary civil proceedings. “While dealing with disputes concerning the family, the Courts ought to adopt an approach radically different from that adopted in ordinary civil proceedings,” Justice Ravinder Dudeja said. The Court was dealing with a wife's plea …

Shuttling Child Between Two Forums Causes Inconvenience And Is Detrimental To Child's Welfare: Kerala High Court In Custody Battle
3 months, 1 week ago

Shuttling Child Between Two Forums Causes Inconvenience And Is Detrimental To Child's Welfare: Kerala High Court In Custody Battle

Live Law  

The Kerala High Court set aside an order issued by the Child Welfare Committee, which had directed the child to be produced before it without hearing the preliminary objections of the mother. The Court noted that the father filed a parallel petition before the Child Welfare Committee, while his original petition for custody was still pending before the Family Court. …

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father
3 months, 2 weeks 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 …

No Question Of Estoppel Against A Party When Error Is Committed By Court Itself: Kerala High Court In Custody Dispute Case
4 months, 1 week ago

No Question Of Estoppel Against A Party When Error Is Committed By Court Itself: Kerala High Court In Custody Dispute Case

Live Law  

While deciding a review petition pertaining to a custody dispute, the Kerala High Court said that a party is not estopped when the error is committed by the court itself. The mother also moved cross applications, which were dismissed by the family court and the father was allowed to take the child to Dubai subject to the visitation rights of …

Kerala HC Invokes 'Parens Patriae' Jurisdiction To Protect Vulnerable Minors, Allows Mother To Take Children To UAE Without Father's Consent
6 months, 2 weeks ago

Kerala HC Invokes 'Parens Patriae' Jurisdiction To Protect Vulnerable Minors, Allows Mother To Take Children To UAE Without Father's Consent

Live Law  

The Kerala High Court has permitted a mother to take her minor children to UAE by invoking its parens patriae jurisdiction. A petitioner mother has approached the Court seeking permission to take her children to the UAE to obtain permanent residency, as the children's father did not provide a no-objection certificate for their relocation. Since the 3rd respondent did not …

'Educated People Expected to be Civilised Are Snatching Away 18-Month-Old Child': Madhya Pradesh HC Grants Custody to Mother
10 months, 4 weeks ago

'Educated People Expected to be Civilised Are Snatching Away 18-Month-Old Child': Madhya Pradesh HC Grants Custody to Mother

News 18  

The Madhya Pradesh High Court, in a recent verdict, granted custody of an 18-month-old child to the mother, who approached the court with a writ of Habeas Corpus, alleging that her son was forcibly kept away from her by her husband and in-laws. The decision was delivered by a bench of Justice Rohit Arya and Justice Rajendra Kumar Vani, who …

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court
11 months, 1 week ago

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court

Live Law  

The Kerala High Court has upheld an order of the Family Court which stated that in child custody matters, it is open to the parties to approach the court and seek modification of the order if there is any change of circumstances. The Family Court added that the order passed initially cannot be said to be final, stating that the …

Kerala HC Grants Anticipatory Bail To Mother Who Allegedly Tried To Kill Her 14-Day-Old Baby Over Post-Delivery Mental Strain, Child's Custody Given To Father
1 year, 1 month ago

Kerala HC Grants Anticipatory Bail To Mother Who Allegedly Tried To Kill Her 14-Day-Old Baby Over Post-Delivery Mental Strain, Child's Custody Given To Father

Live Law  

The Kerala High Court has granted pre-arrest bail to a mother who allegedly tried to kill her 14-day-old baby by putting then child in a bucket filled with water. Justice Sophy Thomas granted custody of the baby to the father for the time being since the mother was still undergoing psychiatric treatment post-delivery due to mental strain. Child Welfare Committee, …

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance
1 year, 2 months ago

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance

Live Law  

The Kerala High Court recently dismissed a petition arguing for employment assistance by a married daughter on account of her husband losing his job. While dismissing the petition, Justice Devan Ramachandran stated that “dependency is a de facto situation, rather than be a de jure doctrine. As such, the appellant had no dependency on her father, since her husband was …

Kerala High Court Allows Married Couple's Plea To Terminate 32-Week Pregnancy On Grounds Of Foetal Abnormality, Mother's History Of Depression
1 year, 4 months ago

Kerala High Court Allows Married Couple's Plea To Terminate 32-Week Pregnancy On Grounds Of Foetal Abnormality, Mother's History Of Depression

Live Law  

The Kerala High Court on Monday allowed the medical termination of a 32-week pregnancy of a woman.The parents-to-be had approached the Court seeking termination of pregnancy on the ground that the unborn child was suffering from severe neurological and respiratory abnormalities, as revealed from medical reports, and that even if the pregnancy was allowed to be continued, the child would. …

Kerala HC allows 80-yr-old woman to be reunited with 92-year-old husband suffering from dementia
1 year, 5 months ago

Kerala HC allows 80-yr-old woman to be reunited with 92-year-old husband suffering from dementia

Hindustan Times  

Kochi: The Kerala high court recently allowed an 80-year-old woman to be reunited with her nonagenarian husband who was suffering from dementia, observing that the right of the wife of a senior citizen for his custody and consortium is “inviolable and absolute”. A single bench of the Kerala high court, in a ruling on October 6, accepted the writ petition …

Ex-Parte Order Of German Court Granting Custody To Mother Not Acceptable, Welfare Of Child Paramount: Karnataka High Court
1 year, 5 months ago

Ex-Parte Order Of German Court Granting Custody To Mother Not Acceptable, Welfare Of Child Paramount: Karnataka High Court

Live Law  

The Karnataka High Court has refused to accept an ex-parte order passed by a court in Germany, granting custody of a 9 year old child to his mother who resides there. However, the court rejected this contention saying “It is an ex parte order passed by the German Court whilst the child was in India.” Further it held “The Court …

[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court
1 year, 6 months ago

[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court

Live Law  

The Kerala High Court recently lamented the condition of children caught in custody battles between their parents. "In the wrangling between the mother and the father, often interest of the children are not properly represented," said a Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas.The Court therefore made an unprecedented direction for appointment of. "In the wrangling …

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute
1 year, 9 months ago

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute

Live Law  

The Kerala High Court recently held that when a wife seeks transfer of a matrimonial case to a court of her convenience, it should ordinarily be allowed by the court. A division bench of Justice Anil K Narendran and Justice P G Ajithkumar passed the order relying on a catena of Apex Court decisions that held that the convenience of …

Supreme Court Stays HC Direction Allowing Father To Take Custody Of Minor Girl From 'Adoptive' Parents
1 year, 9 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 …

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, 9 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 …

Lawyer Appeals Against Kerala High Court Decision Permitting Minor Girl Impregnated By Brother To Terminate Pregnancy, Says Social Complications No Ground
1 year, 10 months ago

Lawyer Appeals Against Kerala High Court Decision Permitting Minor Girl Impregnated By Brother To Terminate Pregnancy, Says Social Complications No Ground

Live Law  

A lawyer has approached the Kerala High Court for setting aside a Single Judge's decision allowing a 15 years old girl, impregnated by her brother, to terminatw the pregnancy.The Division Bench comprising the Acting Chief Justice S.V. Bhatti and Justice Basant Balaji on Thursday granted liberty to the appellant, Kulathoor Jaisingh, to move before the Single Judge both for impleading …

[Custody] Parents' Demands Can't Be Given Importance If Child Is Grown Up & Able To Take Rational Decision In Personal Matters: Kerala High Court
2 years, 1 month ago

[Custody] Parents' Demands Can't Be Given Importance If Child Is Grown Up & Able To Take Rational Decision In Personal Matters: Kerala High Court

Live Law  

The Kerala High Court on Wednesday observed that when a child is grown up and is capable of making rational decisions on his/her own, the court must not give too much importance to the demands of the parents' battling the custody of the child. The petitioner father had challenged the limited visitation rights that had been granted to him by …

Child's Convenience To Be Given Preference While Transferring Petitions Filed For Custody: Kerala High Court
2 years, 7 months ago

Child's Convenience To Be Given Preference While Transferring Petitions Filed For Custody: Kerala High Court

Live Law  

The Kerala High Court has ruled that while transferring petitions filed for custody of children, the convenience of the child should be given preference particularly when the wife is abroad and appearing through a power of attorney. Observing so, Justice C.S Dias transferred all the pending cases between a couple to the court near the permanent residence of their child. …

Stepmothers May Not Show Same Affection for Kids as Biological Mothers, Says K'taka HC in Custody Battle
3 years, 3 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 …

Baby kidnap case: Kerala HC postpones case to November 8 to await Anupama decision
3 years, 4 months ago

Baby kidnap case: Kerala HC postpones case to November 8 to await Anupama decision

Deccan Chronicle  

Kochi: The Kerala High Court on Wednesday postponed to November 8 the habeas corpus plea moved by Anupama S Chandran, daughter of a CPI local committee member, to get back her baby who had been put up for adoption by her parents last year without her knowledge. The high court had also said that a family court was seized of …

Kerala High Court Comes To Aid Of Another Minor Rape Victim: Allows Termination Of Pregnancy
3 years, 6 months ago

Kerala High Court Comes To Aid Of Another Minor Rape Victim: Allows Termination Of Pregnancy

Live Law  

The Kerala High Court on Wednesday came to the assistance of another minor rape victim by allowing her father's petition and paving the way for her to undergo medical termination of her pregnancy which was a result of the sexual assault committed on her. The Government Pleader said that the permission of the Court was not required in the instant …

Kerala High Court Issues Directions On How Family Courts Are To Adjudicate Cases Involving Extra Judicial Modes Of Divorce At The Instance Of Wife Under Muslim Law
3 years, 11 months ago

Kerala High Court Issues Directions On How Family Courts Are To Adjudicate Cases Involving Extra Judicial Modes Of Divorce At The Instance Of Wife Under Muslim Law

Live Law  

While upholding the validity of the extra judicial modes of divorce for women, the Kerala High Court recently issued directions to Family Courts on the course to follow while adjudicating cases that involved these methods. The Court directed that in the matter of talaq, khula, mubaraat, talaq-e-tafwiz, the Family Courts shall entertain such applications moved by either of the parties …

Wrong Details Of Wife In Divorce Petition: Karnataka HC Overturns Divorce Decree Granted To Husband [Read Judgment]
5 years, 6 months ago

Wrong Details Of Wife In Divorce Petition: Karnataka HC Overturns Divorce Decree Granted To Husband [Read Judgment]

Live Law  

The Karnataka High Court has overturned a divorce decree granted ex-parte to a husband and remanded the matter back to the family court for fresh consideration, after it was found that husband gave wrong address details of the wife, so that she could not be called upon to file her reply to his divorce petition. The wife argued before the …

SC Stays Chattisgarh HC Order For Psychiatric Examination Of A Woman Who Married Against Wishes Of Her Parents [Read Order]
5 years, 10 months ago

SC Stays Chattisgarh HC Order For Psychiatric Examination Of A Woman Who Married Against Wishes Of Her Parents [Read Order]

Live Law  

In a case similar to Hadiya case, the Supreme Court today stayed an order passed by the Chattisgarh High Court on May 15 which directed the psychiatric examination of a woman who had married a man against the wishes of her parents.Based on the assertion made by the father of the woman that she was a psychiatric patient under medication, …

Application To Set Aside Ex Parte Divorce Decree Won’t Be Rendered Infructuous Merely Because The Spouse Remarried In The Meanwhile: Kerala HC [Read Judgment]
6 years, 5 months ago

Application To Set Aside Ex Parte Divorce Decree Won’t Be Rendered Infructuous Merely Because The Spouse Remarried In The Meanwhile: Kerala HC [Read Judgment]

Live Law  

‘Remarriage of the spouse is not a relevant factor to be taken into account in deciding the merits of an application filed for setting aside an ex parte decree of divorce.The Kerala High court has held that remarriage of the spouse who obtained an ex parte decree of divorce, after the filing of the application for setting aside the ex …

Application To Set Aside Ex Parte Divorce Decree Won’t Be Rendered Infructuous Merely Because The Spouse Remarried In The Meanwhile: Kerala HC [Read Judgment]
6 years, 5 months ago

Application To Set Aside Ex Parte Divorce Decree Won’t Be Rendered Infructuous Merely Because The Spouse Remarried In The Meanwhile: Kerala HC [Read Judgment]

Live Law  

‘Remarriage of the spouse is not a relevant factor to be taken into account in deciding the merits of an application filed for setting aside an ex parte decree of divorce.The Kerala High court has held that remarriage of the spouse who obtained an ex parte decree of divorce, after the filing of the application for setting aside the ex …

"We Err In Confusing Maturity With Majority": Kerala HC Laments Disregard Of Parents' Wishes By Kids After Turning 18
6 years, 9 months ago

"We Err In Confusing Maturity With Majority": Kerala HC Laments Disregard Of Parents' Wishes By Kids After Turning 18

Live Law  

The Kerala High Court recently lamented the disregard of parents' wishes by children once they attain majority, especially when it comes to marriage, observing that "we as a society err in confusing maturity with majority".The observation was made by a Bench comprising Justice K. Vinod Chandran and Justice Ashok Menon, which was hearing a Petition filed by a woman demanding …

"We Err In Confusing Maturity With Majority": Kerala HC Laments Disregard Of Parents' Wishes By Kids After Turning 18
6 years, 9 months ago

"We Err In Confusing Maturity With Majority": Kerala HC Laments Disregard Of Parents' Wishes By Kids After Turning 18

Live Law  

The Kerala High Court recently lamented the disregard of parents' wishes by children once they attain majority, especially when it comes to marriage, observing that "we as a society err in confusing maturity with majority".The observation was made by a Bench comprising Justice K. Vinod Chandran and Justice Ashok Menon, which was hearing a Petition filed by a woman demanding …

Kerala HC Rejects ‘Estranged’ Husbands’ Plea To Issue ‘Scientific Guidelines’ To Family Courts In Child-Custody Matters [Read Judgment]
6 years, 11 months ago

Kerala HC Rejects ‘Estranged’ Husbands’ Plea To Issue ‘Scientific Guidelines’ To Family Courts In Child-Custody Matters [Read Judgment]

Live Law  

Exercise of such a discretionary power by a court cannot be curtailed by issuing any guidelines, as is sought by the petitioners, the bench said.The High Court of Kerala recently rejected a plea of ‘estranged’ husbands to lay down scientific guidelines to family courts for an objective assessment of the welfare of the child, while deciding child-custody petitions.Ten husbands who …

Supreme Court restores custody of kids to mother
7 years ago

Supreme Court restores custody of kids to mother

Deccan Chronicle  

New Delhi: The Supreme Court has stayed an order by the Hyderabad High Court directing the Vijayawada-based mother of two minor children to hand over them to their father, a US citizen. A three-judge Bench of the Supreme Court, while entertaining a special leave petition filed by Ms Hanumanthu Swapna stayed the High Court order and restored the children to …

Restricting son to fulfil duties to aged parents a valid ground for divorce: SC
8 years, 5 months ago

Restricting son to fulfil duties to aged parents a valid ground for divorce: SC

Firstpost  

Hearing a divorce appeal between a couple from Karnataka, the Supreme Court said that persistent effort of the wife to constrain the husband to be separated from the family constitute an act of cruelty, and thus a valid ground for divorce New Delhi: A husband can now seek a divorce from his wife if she restricts him from fulfilling duties …

Delhi HC answers interesting question about ‘Child custody’ petitions [Read Judgment]
8 years, 7 months ago

Delhi HC answers interesting question about ‘Child custody’ petitions [Read Judgment]

Live Law  

Delhi High Court answering an ‘interesting question’ about ‘child custody’ proceedings, has held that a spouse who seeks custody of the children by moving a petition under Section 25 of the Guardians and Wards Act and obtains interim orders cannot withdraw the proceedings and continue to take benefit of the interim orders. In the instant case, mother had filed a …

Mother can also be natural guardian of a minor; do not insist for custody order: Madras HC to Immigration Bureau [Read Order]
8 years, 8 months ago

Mother can also be natural guardian of a minor; do not insist for custody order: Madras HC to Immigration Bureau [Read Order]

Live Law  

The Madras High Court, has asked the Bureau of Immigration to consider the application to register a minor child as “Overseas Citizen of India” and issue certificate without insisting upon custody order of guardianship in the hands of his mother from court of law, who had obtained divorce from his father.A. The Madras High Court, has asked the Bureau of …

Mother can also be natural guardian of a minor; do not insist for custody order: Madras HC to Immigration Bureau [Read Order]
8 years, 8 months ago

Mother can also be natural guardian of a minor; do not insist for custody order: Madras HC to Immigration Bureau [Read Order]

Live Law  

The Madras High Court, has asked the Bureau of Immigration to consider the application to register a minor child as “Overseas Citizen of India” and issue certificate without insisting upon custody order of guardianship in the hands of his mother from court of law, who had obtained divorce from his father.A. The Madras High Court, has asked the Bureau of …

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