Consider child’s welfare not statute
5 years, 9 months ago

Consider child’s welfare not statute

Deccan Chronicle  

Hyderabad: The Telangana High Court has clarified that the custody of a child below the age of seven years need not be with the mother as prescribed in the statute. The High Court reiterated that child welfare will be given paramount consideration in giving custody to the suitable parent. A division bench of Justice Raghavendra Singh Chauhan and Justice T. Amarnath Goud suggested that family courts consider and assess every case separately on its facts in deciding the petitions regarding child custody. The city civil court order had rejected his plea based on on the judgement of the Allahabad High Court and Section 352 of the Principles of Mohammedan Law and ordered the custody of the child, till he turns seven years of age, must remain with the mother, Ms Raheem Unnisa Begum.

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History of this topic

One Parent Who Is Lawful Guardian If Takes The Child From Custody Of Other Parent, Wouldn't Amount To Kidnapping: Telangana HC Reaffirms
4 days, 22 hours ago

One Parent Who Is Lawful Guardian If Takes The Child From Custody Of Other Parent, Wouldn't Amount To Kidnapping: Telangana HC Reaffirms

Live Law  

The Telangana high court on Wednesday reiterated that if a parent who is lawful guardian of the child, takes a child away from the custody of the other parent, it would not amount to kidnapping and does not call for registering an FIR under 137 of the BNS. Relying on an order passed by the Bombay High court in a …

Telangana HC orders man to hand over custody of minor son to estranged American wife
1 month ago

Telangana HC orders man to hand over custody of minor son to estranged American wife

New Indian Express  

HYDERABAD: Allowing a habeas corpus petition filed by Sara Bhayaraju, a US resident, seeking custody of her minor son, Saatvik Gary Bhayaraju, the Telangana High Court has directed the respondent, Umesh Bhayaraju, a resident of Hyderabad, to hand over the custody of the child, along with his passport and medical records to the petitioner by December 14, 2024. A bench …

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

Child-selling racket: Child Welfare Committee declares rescued children to be free for adoption
1 month ago

Child-selling racket: Child Welfare Committee declares rescued children to be free for adoption

Deccan Chronicle  

Hyderabad: The Child Welfare Committee of Medchal-Malkajgiri district in Telangana has declared 15 children who were rescued by police from a child-selling racket busted earlier this year as 'Legally Free for Adoption '. Official sources on Wednesday said the Committee decided the children to be LFA as per Section 38 of the Juvenile Justice Act, 2015 as their biological parents …

Bench sets aside order on adoption of children in Telangana
1 month, 2 weeks ago

Bench sets aside order on adoption of children in Telangana

New Indian Express  

HYDERABAD: The Telangana High Court has set aside a single judge’s order in a batch of writ petitions concerning the custody and adoption of minor children under the Juvenile Justice Act, 2015. A bench of Chief Justice Alok Aradhe and Justice J Sreenivas Rao emphasised that the statutory provisions under Sections 36, 37, and 38 of the 2015 Act — …

Telangana HC Directs CWC to Decide on Kids’ Custody
1 month, 2 weeks ago

Telangana HC Directs CWC to Decide on Kids’ Custody

Deccan Chronicle  

Hyderabad: The Telangana High Court directed the child welfare committee to issue orders expeditiously to decide who has to take care of the 15 children placed in its custody — the biological parents or those who adopted the infants. The court also directed the authorities to decide on the applications filed by adoptive parents seeking adoption of the children within …

Bombay High Court asks Maharashtra child welfare panel to decide custody of teen sex trafficking survivor
1 month, 2 weeks ago

Bombay High Court asks Maharashtra child welfare panel to decide custody of teen sex trafficking survivor

India Today  

The Bombay High Court has directed the Maharashtra Child Welfare Committee to decide the custody of a 15-year-old girl who was rescued from a prostitution ring. The Rescue Foundation argued that the father was complicit in forcing the girl into prostitution and alleged that the sessions court’s order was illegal, as it overstepped the jurisdiction of the Child Welfare Committee. …

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court
2 months ago

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court

Live Law  

While dismissing a man's plea challenging an order to maintain his daughters including a minor, the Karnataka High Court underscored that the father is "legally bound to maintain the daughters" and provide them with an "excellent education"even if they are living separately with his ex-wife. The trial court vide its order dated 07-03-2023, directed him to pay Rs.6,000 per month …

No 'Illegal' Detention: Gujarat High Court Rejects Pakistani Father's Plea For Custody Of Minor Son Brought To India By Mother
2 months, 1 week ago

No 'Illegal' Detention: Gujarat High Court Rejects Pakistani Father's Plea For Custody Of Minor Son Brought To India By Mother

Live Law  

The Gujarat High Court has rejected a plea filed by a Pakistani man seeking custody of his 4-year-old son, who allegedly was brought to India by his mother. In its judgement, a division bench comprising Justices Sangeeta K Vishen and Sanjeev J Thaker observed, “The minor Azlaan aged 4 years, is in the custody of his mother and hence, it …

Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court
4 months, 2 weeks ago

Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court

Live Law  

In a significant order, the Aurangabad bench of the Bombay High Court held that custody matters pertaining to a child cannot be decided merely on the basis of the 'desire' of the child of a tender age since there are possibilities of 'tutoring' the child.Single-judge Justice Kishore Sant upheld the May 9, 2024 judgment of a Family Court in Aurangabad, …

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor
5 months, 4 weeks 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
6 months 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 …

'Educated People Expected to be Civilised Are Snatching Away 18-Month-Old Child': Madhya Pradesh HC Grants Custody to Mother
8 months, 2 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 …

"Right To Life Guaranteed To Everyone": Punjab & Haryana High Court On Protection Plea By Minor In Live-In Relationship
8 months, 2 weeks ago

"Right To Life Guaranteed To Everyone": Punjab & Haryana High Court On Protection Plea By Minor In Live-In Relationship

Live Law  

Observing that merely because petitioners are not of marriageable age it "would not deprive" them of their fundamental rights, the Punjab & Haryana High Court has directed to send a minor girl to the children's home, who was seeking protection from her relatives along with her 19-year-old live-in partner.While directing to send her to the children's home, the Court said …

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues
1 year, 1 month ago

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues

Live Law  

The Bombay High Court on Wednesday dismissed a habeas corpus petition filed by a 41-year-old UK citizen seeking custody of his 3-year-old daughter from his estranged wife, an Indian citizen. When the man approached the Bombay High Court in February seeking compliance with the Singapore court's order, the High Court raised concerns about the child's welfare. Despite the parties signing …

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

Karnataka High Court Seeks Centre's Response On Plea To Frame 'Best Practices' For Determining Child Custody Matters
1 year, 2 months ago

Karnataka High Court Seeks Centre's Response On Plea To Frame 'Best Practices' For Determining Child Custody Matters

Live Law  

The Karnataka High Court on Monday issued notices to the Union and State Government on a suo-motu petition for guidelines to be followed while determining issues of child custody. However, courts are also confronted by cases of relocation, abandonment, neglect, abuse, mental health concerns, parents who are psychologically/financially/physically unfit to care for their children, other relatives such as grandparents/aunts/uncles/community members …

SC Allows Interim Custody Of Minor Children To Maternal Grandparents, Upholds Welfare Of Minor Is The Only Paramount Consideration
1 year, 2 months ago

SC Allows Interim Custody Of Minor Children To Maternal Grandparents, Upholds Welfare Of Minor Is The Only Paramount Consideration

Live Law  

The Supreme Court has recently addressed the custody of two minor children in a Special Leave to Appeal. While granting the custody of the children to the maternal grandparents, a bench comprising Justice Abhay S. Oka and Justice Pankaj Mithal observed “the issue of custody of minor children cannot be decided on the basis of rights claimed by the rival …

Ex-Parte Order Of German Court Granting Custody To Mother Not Acceptable, Welfare Of Child Paramount: Karnataka High Court
1 year, 3 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 …

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court
1 year, 3 months ago

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court

Live Law  

The Telangana High Court has held that a mother cannot legally relinquish the property rights on behalf of her minor children in light of the amendments to the Hindu Succession Act, 2005 which granted daughters equal rights to sons in ancestral property, strengthening their claim to a share in such properties. Justice P. Sree Sudha held that the mother's purported …

Ensure child safety in schools: Telangana HC
1 year, 3 months ago

Ensure child safety in schools: Telangana HC

Deccan Chronicle  

HYDERABAD: Justice N.V. Shravan Kumar of the Telangana High Court directed the GHMC to consider the representations made by the management of Krishnaveni Talent School and the owners and tenants of various houses in Fatehnagar, Balanagar, while determining the need to demolish the structure. HC faults TSRTC for scrapping bus deal: The Telangana High Court declared the action of the …

Custody Matters Of Minor Children Not To Be Settled By Elders In The House: Telangana High Court
1 year, 3 months ago

Custody Matters Of Minor Children Not To Be Settled By Elders In The House: Telangana High Court

Live Law  

The Telangana High Court on Thursday held that custody disputes of children cannot be settled by elders of the house while reiterating that the welfare of the minor children is of paramount importance in such matters. In the custody matters, welfare of the minor child is the paramount consideration.” The petitioner-mother submitted that she married the respondent in 2014 and …

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 …

[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court
1 year, 4 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 …

Probe Your Investigating Officer: HC to Lokayukta
1 year, 4 months ago

Probe Your Investigating Officer: HC to Lokayukta

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court comprising Chief Justice Alok Aaradhe and Justice T. Vinod Kumar on Thursday directed the Lokayukta to look into a complaint against one of its personnel and act in accordance with the law. Mahavir hospital asked to submit details of minimum wages A two-judge bench of the Telangana High Court, comprising Justice …

Mother who surrendered child tells High Court not to give custody to 'rapist' father
1 year, 5 months ago

Mother who surrendered child tells High Court not to give custody to 'rapist' father

India Today  

In a surprising turn of events during the ongoing child custody court hearing, the mother of the child, who had surrendered the child for adoption through the state Child Welfare Committee, approached the Bombay High Court. READ | Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father Agnes also argued that the …

Child welfare panel hands over abandoned child to father, still faces high court ire
1 year, 5 months ago

Child welfare panel hands over abandoned child to father, still faces high court ire

India Today  

The Bombay High Court was informed by the Child Welfare Committee of Maharashtra that the 18-month-old child, who had been abandoned by the mother, has now been handed over to the biological father. READ | Bombay High Court orders special team probe in Nalasopara fake encounter case The case revolves around a man who was a minor at the time …

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father
1 year, 5 months ago

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father

India Today  

The Bombay High Court has lashed out at the Child Welfare Committee of Maharashtra for putting up a child for adoption while the child's father was seeking his custody. The high court bench directed the CWC to get its act right in 48 hours, or else the court would pass an order. READ | Dramatic scenes outside Bombay High Court …

Adopted Child Doesn't Retain Right To Claim Share In Birth Family’s Property, Telangana High Court Full Bench Rules In 46-Year-Old Dispute
1 year, 6 months ago

Adopted Child Doesn't Retain Right To Claim Share In Birth Family’s Property, Telangana High Court Full Bench Rules In 46-Year-Old Dispute

Live Law  

A Full Bench of the Telangana High has ruled that a child upon adoption ceases to be a coparcener of his or her birth family and consequently gives up any right or interest in the family ancestral property. "Only if a partition has taken place before the adoption and property is allotted to his share or self acquired, obtained by …

Telangana HC: Adopted child loses right in biological parents' property
1 year, 6 months ago

Telangana HC: Adopted child loses right in biological parents' property

Deccan Chronicle  

Hyderabad: The full bench of the Telangana High Court made it clear that an adopted child would cease to be the coparcener of the family of his or her birth and would forgo interest in their ancestral property. However, the court said, the adopted child would have the right if the partition had taken place in the birth family before …

Mother Fails To Handover Child's Custody To Father Despite Judicial Order, Karnataka High Court Requires Her Employer To Hold Back Pay
1 year, 7 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, 7 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 …

Karnataka High Court Issues Non-Bailable Warrant Against Mother Over Failure To Hand Over Minor Child's Custody To Father Despite Judicial Order
1 year, 8 months ago

Karnataka High Court Issues Non-Bailable Warrant Against Mother Over Failure To Hand Over Minor Child's Custody To Father Despite Judicial Order

Live Law  

The Karnataka High Court on Thursday issued non-bailable warrants against a woman and directed the Commissioner of Police, Bengaluru to keep the woman present in court for failing to hand over custody of the minor child to her father, as directed by the court. A vacation bench of Justice S Sunil Dutt Yadav and Justice C M Poonacha while hearing …

Bombay High Court Raps Maharashtra Govt Over Refusal To Extend Reservation For Orphan Students To Abandoned Children
1 year, 9 months ago

Bombay High Court Raps Maharashtra Govt Over Refusal To Extend Reservation For Orphan Students To Abandoned Children

Live Law  

The Bombay High Court on Thursday came down heavily on the Maharashtra Government for its refusal to extend the 1% reservation for orphan students in education, to abandoned children as well. “When will this government wake up and realize it is not the only one right and in fact it is mostly wrong?” “I will unabashedly say this, what the …

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl
1 year, 10 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 …

[Custody] Parents' Demands Can't Be Given Importance If Child Is Grown Up & Able To Take Rational Decision In Personal Matters: Kerala High Court
1 year, 10 months 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 …

'Mother Gave More Importance To Her Illicit Relationship, Moral Values Important For Child': Karnataka HC Orders Custody Of 7-Yr-Old Girl To Father
1 year, 11 months ago

'Mother Gave More Importance To Her Illicit Relationship, Moral Values Important For Child': Karnataka HC Orders Custody Of 7-Yr-Old Girl To Father

Live Law  

The Karnataka High Court recently upheld a family court order which directed the mother of a seven years old girl child to hand over the custody to child's father, after observing that she herself was more attentive towards her illicit relationship at work rather than welfare of her child. A division bench of Justice Alok Aradhe and Justice S Vishwajith …

If Child Works Voluntarily Then Sections 75 & 79 Of Juvenile Justice Act Do Not Apply: Telangana High Court
2 years ago

If Child Works Voluntarily Then Sections 75 & 79 Of Juvenile Justice Act Do Not Apply: Telangana High Court

Live Law  

In a recent order, Justice K. Surender of Telangana High Court held that where a juvenile who works voluntarily, Sections 75 and 79 of the Juvenile Justice Act, 2015 do not apply. The facts of the case were that the volunteer in District Child Protection Unit, Medchal District along with team deployed for operation Muskan conducted search for rescuing children …

Mother being natural guardian can decide child's surname, says Supreme Court
2 years, 5 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 …

Child welfare is supreme in custody cases, says Supreme Court
3 years 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
3 years 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 …

Mother's Work Commitments Don't Make Her Unsuitable For Child's Custody: Bombay High Court
3 years, 3 months ago

Mother's Work Commitments Don't Make Her Unsuitable For Child's Custody: Bombay High Court

Live Law  

Observing that a busy actress's work commitments don't make her unsuitable for her child's custody, the Bombay High Court has ruled that a minor's 'welfare' cannot be decided solely on which parent has more free time. Significantly, the court held that a writ of habeas corpus can be filed to grant a child's custody from one parent to the other …

Keeping Child in Mother's Custody Natural, Conducive to Its Welfare: Bombay HC
3 years, 3 months ago

Keeping Child in Mother's Custody Natural, Conducive to Its Welfare: Bombay HC

News 18  

Keeping a child in the custody of the mother appears more natural and conducive to his welfare and development, the Bombay High Court said on Thursday, while refusing to direct a television actor to hand over the custody of her five-year-old son to her estranged husband. At such a tender age, a child needs the company of the mother, and …

Adoption cannot be restricted to orphans, abandoned children: Bombay High Court
3 years, 6 months ago

Adoption cannot be restricted to orphans, abandoned children: Bombay High Court

India Today  

The Nagpur bench of the Bombay High Court has held that as per the provisions of the Juvenile Justice Act, adoption of children cannot be restricted only to orphaned, abandoned, surrendered children or those in conflict with the law, adding the law also permits adoption of children of relatives. The Yawatmal lower court had rejected their plea under the provisions …

Report cases of parents' death, appeals of adoption to police or CWCs: Govt
3 years, 8 months ago

Report cases of parents' death, appeals of adoption to police or CWCs: Govt

Deccan Chronicle  

Hyderabad: The COVID-19 surge across the country has affected young children the worst. The Telangana Child Welfare Department said that over the past week they have received at least 15-20 phone calls requesting assistance for such children. Of these, 15-20 calls were such cases where either a single parent was hospitalised, or both parents had passed away due to the …

Merely Executing Notarized Document Purporting To Adoption Deed Does Not Give A Right To Child Custody: Bombay High Court
3 years, 9 months ago

Merely Executing Notarized Document Purporting To Adoption Deed Does Not Give A Right To Child Custody: Bombay High Court

Live Law  

The Bombay High Court recently refused permission to a couple to take custody over a two-year-old child on the strength of a "notarised adoption deed". A Bench of Justices SS Shinde and Manish Pitale ruled, "We are of the opinion that by merely executing a notarized document purporting to be an Adoption Deed, the petitioners cannot claim that they have …

SC allows man to meet daughter who has accused him of killing her mother
3 years, 10 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, 10 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 …

'A Parent Cannot Be A Guest In The Life Of Their Child': Telangana High Court Insists On Granting Overnight Custody To Each Parent
4 years ago

'A Parent Cannot Be A Guest In The Life Of Their Child': Telangana High Court Insists On Granting Overnight Custody To Each Parent

Live Law  

"A parent cannot be a guest in the life of their child. If visitation rights only are granted for limited hours, it may not be sufficient for the child to have comfortable time with the father or mother, whoever may be the case," remarked the Telangana High Court recently. Vide order dated December 13, 2019, the Family Court had ordered: …

MP HC Holds Open Court Hearing As Exception, Grants Toddler Boy's Custody To Mother, Seeing His Fondness For Her [Read Order]
4 years, 6 months ago

MP HC Holds Open Court Hearing As Exception, Grants Toddler Boy's Custody To Mother, Seeing His Fondness For Her [Read Order]

Live Law  

Holding the hearing in open court as an exception, the Madhya Pradesh High Court on Wednesday overruled a subordinate court's ruling granting custody of a three-year-old to the father, upon observing the boy's fondness for and attachment to the mother. "Though, this Court is deciding cases through video conferencing only, however, by making an exception, the case was heard in …

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