Division Bench’s Directions Contrary To Principles Laid Down By Supreme Court: Madras High Court Single Judge On Custody Battle For US-Born Twins
2 years, 1 month 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 children are not willing to join and reside." Habeas Corpus The division bench of Justice PN Prakash and Justice Anand Venkatesh, while deciding the habeas corpus filed by the father on January 03, relied upon the decision of Rohit Thammana Gowda v. State of Karnataka and Others, observed that, "in matters of this nature, the Court does not decide based on what the children say, since they are in the midst of a huge turmoil in their life and hence, the duty is cast upon this Court to decide based on best interest of the children". "Looking into the various judgments of the Hon'ble Supreme Court of India and the judgment of the High Courts across the country, due weightage is given in respect of the choice and wishes of the children, who are minors, but matured enough to express their desires. It further said: "Considering the facts, circumstances and the statements made by the respondent and the deposition made before this Court currently by the twin minor children aged about 15 years, expressing their desires, this Court is inclined to grant Interim Custody of twin minors in favour of the respondent herein, until the matrimonial disputes and the domestic violence proceedings are disposed of on merits and in accordance with Law."

India Children Supreme Court Court Chennai Child Judge Mother High Usa Supreme Single This Court Twin Madras High Court Willing Subramaniam Minors Forcible Handing  twin  usborn  judge  mother  principles  twins  supreme  willing  india  laid  madras  court  children  child  minors  high  single

History of this topic

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise
1 month, 1 week ago

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise

Live Law  

The Supreme Court recently dismissed a cheating case against the parents for facilitating the marriage of their son to another woman instead of the complainant. The Court also disapproved of the High Court's observation against the appellants' son, which suggested that quashing the case against his parents would enable him to exploit women of marriageable age in a similar manner. …

Supreme Court quashes conviction for rape, kidnapping accused noting he married victim, have 4 children
Trending News
1 month, 2 weeks ago

Supreme Court quashes conviction for rape, kidnapping accused noting he married victim, have 4 children

Live Mint  

The Supreme Court on Wednesday quashed the sentence of the present accused-appellant for rape and kidnapping charges after the bench noted he married the complainant and they have four children, reported the LiveLaw. After hearing the case, the bench of Justices B.V Nagarathna and Satish Chandra Sharma observed that Article 142 of the Constitution confers special power to pass necessary …

Merely Submitting Adoption Plea Wouldn't Confer Any Rights To Unilaterally Take Child's Custody Without Following Procedure: Madras HC
2 months ago

Merely Submitting Adoption Plea Wouldn't Confer Any Rights To Unilaterally Take Child's Custody Without Following Procedure: Madras HC

Live Law  

The Madras High Court has observed that merely submitting an application seeking adoption of a child would not confer any rights on the parties concerned to take custody of the child unilaterally without "scrupulously" following the due procedure. “Mere submission of an application seeking an adoption would not confer any right to take custody of a child unilaterally and declare …

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court
2 months, 3 weeks ago

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court

Live Law  

Observing that the health of a child cannot be compromised while deciding the disputes between the parents, the Supreme Court recently modified the directions allowing interim visitation rights to a father.A bench of Justices Vikram Nath and PB Varale allowed an appeal against the order of the Madras High Court to a limited extent of modifying the place of visitation …

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court
2 months, 3 weeks ago

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court

Live Law  

Observing that the health of a child cannot be compromised while deciding the disputes between the parents, the Supreme Court recently modified the directions allowing interim visitation rights to a father. By the said order, the High Court dismissed the Appellant-mother's Miscellaneous Appeal and upheld the interim visitation rights granted to the Respondent-father. Keeping in mind the best interest of …

HC refuses to stop POCSO-accused woman’s access to minor daughter
2 months, 2 weeks ago

HC refuses to stop POCSO-accused woman’s access to minor daughter

Hindustan Times  

MUMBAI: The Bombay high court on Tuesday refused to interfere with a Pune family court order, setting out an arrangement of sequential alternate access to a minor girl child, of 15 days each between her father and mother. A vacation bench of justice Somasekhar Sundaresan refused to pass any interim order on the petition filed by the woman’s estranged husband, …

100 Important Supreme Court Judgments Of 2024 - Part 1 [1-25]
3 months ago

100 Important Supreme Court Judgments Of 2024 - Part 1 [1-25]

Live Law  

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much-awaited article by our dear readers.The judgments are selected based on the following criteria - importance to the general public; settlement of a contested position of law; utility for practising lawyers, judges and students.A disclaimer is added. …

Minor Son Brought To India By Mother In 2018 Is US Citizen, Illegal Migrant In India: Rajasthan HC Allows Father's Habeas Corpus Plea
3 months, 2 weeks ago

Minor Son Brought To India By Mother In 2018 Is US Citizen, Illegal Migrant In India: Rajasthan HC Allows Father's Habeas Corpus Plea

Live Law  

The Jaipur bench of the Rajasthan High Court allowed a habeas corpus plea filed by the father of a minor child was born and earlier residing in the US, was brought to India by his mother in 2018 and had not returned even after expiration of his visa, ruling that the child shall be considered an illegal migrant in India. …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
3 months, 2 weeks ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

Supreme Court slams child rights body NCPCR: 'Don't drag us in your agenda'
5 months, 3 weeks ago

Supreme Court slams child rights body NCPCR: 'Don't drag us in your agenda'

Hindustan Times  

The Supreme Court on Tuesday pulled up the National Commission for Protection of Child Rights over its petition seeking a Special Investigation Team probe into cases of children allegedly sold by shelter homes in Jharkhand of the Missionaries of Charity founded by Mother Teresa. The apex court said that the child rights body was empowered to conduct enquiry and take …

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

SC bench to hear Punjab HC’s criticism of its order
7 months, 2 weeks ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

Supreme Court Reviews Its Order, Reiterates Juvenile Justice Rules, 2007 Are Relevant Rules For Considering Question Of Juvenility
1 year ago

Supreme Court Reviews Its Order, Reiterates Juvenile Justice Rules, 2007 Are Relevant Rules For Considering Question Of Juvenility

Live Law  

The Supreme Court reviewed its 2019 judgment wherein, while remitting the question of juvenility to the Punjab & Haryana High Court, it opined that the relevant rules to be looked into are Juvenile Justice Rules, 2001. While doing so, the Court corrected its 2019 judgment against which review was sought and held that Juvenile Justice Rules, 2007 is required to …

One Bench Of High Court Cannot Cancel Bail Granted By Another Bench : Supreme Court
1 year ago

One Bench Of High Court Cannot Cancel Bail Granted By Another Bench : Supreme Court

Live Law  

Recently, the Supreme Court observed that the exercise of jurisdiction by the Single Judge of the High Court in cancelling the bail granted to the accused by another Single Judge of the same High Court and that too, by examining the merits of the allegations tantamounts, to judicial impropriety/indiscipline. ".we are of the firm opinion that the exercise of jurisdiction …

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

SC Allows Interim Custody Of Minor Children To Maternal Grandparents, Upholds Welfare Of Minor Is The Only Paramount Consideration
1 year, 4 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 …

Child’s Age, Circumstances During Separation With Parent Relevant To Determine Its 'Intelligent Preference' While Appointing Guardian: Delhi HC
1 year, 6 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, 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 …

Supreme Court criticises Gujarat High Court for its ‘counterblast’ in abortion case
1 year, 7 months ago

Supreme Court criticises Gujarat High Court for its ‘counterblast’ in abortion case

The Hindu  

The Supreme Court on Monday expressed strong displeasure at the Gujarat High Court’s “counterblast” to its criticism about the manner in which a 25-year-old rape survivor’s plea for abortion was handled by the High Court. The Saturday hearing had seen the Bench criticise the Gujarat High Court for adjourning the case for 12 whole days, defeating the woman’s race against …

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father
1 year, 7 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 …

Tamil Nadu Minister Senthilbalaji’s arrest | Third judge of Madras High Court rules in favour of Enforcement Directorate
1 year, 8 months ago

Tamil Nadu Minister Senthilbalaji’s arrest | Third judge of Madras High Court rules in favour of Enforcement Directorate

The Hindu  

Arrested Tamil Nadu Minister V. Senthilbalaji suffered a major setback at the Madras High Court on Friday, with Justice C.V. Karthikeyan, the third judge named by Chief Justice S.V. To get today’s top stories from the State in your inbox, subscribe to our Tamil Nadu Today newsletter here Justice C.V. Karthikeyan also held that the Directorate of Enforcement can subject …

HC Clarifies On Adoption, The Child Ceases Right Over The Property At His Birth Place
1 year, 8 months ago

HC Clarifies On Adoption, The Child Ceases Right Over The Property At His Birth Place

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 …

Supreme Court Stays HC Direction Allowing Father To Take Custody Of Minor Girl From 'Adoptive' Parents
1 year, 8 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 …

Doc in Preethi case appeals order
1 year, 8 months ago

Doc in Preethi case appeals order

Deccan Chronicle  

HYDERABAD: Justice M. Sudheer Kumar of the Telangana High Court on Wednesday issued notices to the Kaloji Narayana Rao University of Health Sciences and Kakatiya Medical College on a writ petition filed by suspended PG medical student Dr M.A. Habeas order given in baby’s case A two-judge bench of the Telangana High Court entertained a habeas corpus writ petition for …

Mother Fails To Handover Child's Custody To Father Despite Judicial Order, Karnataka High Court Requires Her Employer To Hold Back Pay
1 year, 9 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 …

Biological parents of child given for adoption file habeas corpus plea in Bombay HC
1 year, 10 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 …

Same-Sex Marriage Recognition : Supreme Court Notifies Composition Of 5-Judge Bench Hearing Marriage Equality Petitions
1 year, 11 months ago

Same-Sex Marriage Recognition : Supreme Court Notifies Composition Of 5-Judge Bench Hearing Marriage Equality Petitions

Live Law  

The Supreme Court has notified the composition of the 5-judge bench which will hear a bunch of petitions seeking legal recognition for same-sex marriage.The bench will have - Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha. The Supreme Court has notified the composition of the 5-judge bench which …

SC to set-up a new constitution bench to hear pleas against Nikah-Halal, polygamy
1 year, 11 months ago

SC to set-up a new constitution bench to hear pleas against Nikah-Halal, polygamy

Deccan Chronicle  

New Delhi: The Supreme Court on Thursday said that it will set up a new 5-judge Constitution bench to hear pleas challenging the constitutional validity of polygamy and Nikah halala prevailing among the Muslims as Justice Indira Banerjee and Justice Hemant Gupta who were part of the earlier five-judge bench have since retired. Chandrachud after a mentioning by PIL petitioner …

Rarest Of Rare Doctrine Requires Death Sentence Be Imposed Only If There Is No Possibility Of Reformation : Supreme Court
1 year, 11 months ago

Rarest Of Rare Doctrine Requires Death Sentence Be Imposed Only If There Is No Possibility Of Reformation : Supreme Court

Live Law  

The Supreme Court, on Tuesday, commuted the death sentence awarded for kidnapping and murder of a 7 year old child to life imprisonment for not less than twenty years without remission of sentence. Considering that the present case is one of death sentence, the Court thought it fit to consider the review petition without relying on the electronic evidence which …

Supreme Court refers pleas seeking legal validation of same-sex marriages to five-judge constitution bench
2 years ago

Supreme Court refers pleas seeking legal validation of same-sex marriages to five-judge constitution bench

Firstpost  

New Delhi: The Supreme Court on Monday referred the pleas seeking legal validation of same-sex marriages to a five-judge constitution bench for adjudication, saying the issue is of “seminal importance”. Thus, we direct the matter be placed before a five-judge Constitution bench,” said the bench, also comprising Justices PS Narasimha and JB Pardiwala. The court posted the matter for arguments …

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

Supreme Court Stays HC Direction To Woman In Same-Sex Relationship To Undergo Counselling
2 years, 1 month 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 …

Supreme Court Weekly Round-up (15th January 2023-21st January 2023)
2 years, 1 month ago

Supreme Court Weekly Round-up (15th January 2023-21st January 2023)

Live Law  

Judgements/OrdersIs Non-Production Of Power Of Attorney Fatal To Title Suit? 12 Months Time Limit Under Section 29A Arbitration Act Not Applicable To International Commercial Arbitration : Supreme Court Case Title: TATA Sons Pvt Ltd vs Siva Industries and Holdings Ltd | MA 2680 of 2019 in Arbitration Case No 38 of 2017 | 5 January 2023 Citation: 2023 LiveLaw 39 …

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court
2 years, 4 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 …

Supreme Court Weekly Round-Up: October 3 To October 9, 2022
2 years, 5 months ago

Supreme Court Weekly Round-Up: October 3 To October 9, 2022

Live Law  

JUDGMENTS Terms Of Invitation To Tender Are Not Open To Judicial Scrutiny Unless They Are Arbitrary, Discriminatory Or Mala Fide : Supreme Court Observing that the terms of invitation to tender are not open to judicial scrutiny, the Supreme Court set aside a Delhi High Court's order which had quashed the Airport Authority of India's tender conditions for selecting Ground …

Can HC Quash Sexual Assault Case Against Minor Based On Compromise Between Parties? Supreme Court To Examine, Appoints R Basant As Amicus
2 years, 5 months ago

Can HC Quash Sexual Assault Case Against Minor Based On Compromise Between Parties? Supreme Court To Examine, Appoints R Basant As Amicus

Live Law  

A Supreme Court bench comprising Chief Justice U.U. Lalit and Justice J.B. Pardiwala heard a petition challenging a High Court's decision of exercising its powers under Section 482 of CrPC and quashing criminal proceedings against a person accused of outraging a minor girl's modesty based on a compromise reached by the parties. The bench has listed the matter for 31st …

Mother being natural guardian can decide child's surname, says Supreme Court
2 years, 7 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 …

‘The child has a right to get the love and affection of both parents,’ says Supreme Court
2 years, 9 months ago

‘The child has a right to get the love and affection of both parents,’ says Supreme Court

The Hindu  

The Supreme Court stepped into the shoes of children who find themselves in the middle of custody battles between estranged parents, saying a child is happiest when he or she can have both parents. The top court was hearing an appeal from Rajasthan where the Family Court had rejected the father’s plea for interim custody of his minor son in …

Supreme Court judgment on live-in kids gets wide applause
2 years, 9 months ago

Supreme Court judgment on live-in kids gets wide applause

Deccan Chronicle  

Hyderabad: People welcomed the Supreme Court’s ruling that a child born to a couple who were in a live-in relationship should not be denied property rights. Describing the relationship, which could be regretted as ‘error’ on the part of parents should not place the burden of responsibility on mother and offspring born in such a relationship should not suffer. Similar …

Madras High Court Constitutes Full Bench To Decide Upon High Court's Jurisdiction To Hear Child Custody Matters On Original Side
2 years, 10 months ago

Madras High Court Constitutes Full Bench To Decide Upon High Court's Jurisdiction To Hear Child Custody Matters On Original Side

Live Law  

The Chief Justice of Madras High Court Munishwar Nath Bhandari has constituted a full bench comprising five judges of the Madras High Court to hear the question pertaining to the High Court's jurisdiction on the original side to make decisions on child custody and guardianship cases, owing to the advent of the Family Courts Act, 1984.The five judges who are …

Father Violates Court Order By Taking 8 Year Old To Nepal: Delhi High Court Directs CBI To Issue Red Corner Notice On Mother's Habeas Corpus Plea
2 years, 10 months ago

Father Violates Court Order By Taking 8 Year Old To Nepal: Delhi High Court Directs CBI To Issue Red Corner Notice On Mother's Habeas Corpus Plea

Live Law  

The Delhi High Court has directed the Central Bureau of Investigation to take necessary steps for issuance of Red Corner Notice against a father, a US citizen, who took his 8 year old daughter to Nepal in violation of Court orders despite being involved in child custody battle with the wife.Noting the continuing contemptuous conduct of the father, a division …

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, 10 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 …

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, 11 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 …

Allahabad High Court Weekly Round Up: January 31 To February 6, 2022
3 years, 1 month ago

Allahabad High Court Weekly Round Up: January 31 To February 6, 2022

Live Law  

Judgments/Orders of the Week1. 99 Culprits Can Escape But One Innocent Shouldn't Be Punished: Allahabad High Court Sets Aside Life Sentence Of Murder Convicts Case title - Pinkoo @ Jitendra v. State of U.P. Can't Violate Minor's Fundamental Right To Be Educated For Father's Fraudulent Claim Under RTE Act: Allahabad High Court Case title - Nikhil Upadhyay v. State Of …

Can't Examine Validity Of Order Passed By Child Welfare Committee Under JJ Act In Writ Of Habeas Corpus: Rajasthan High Court
3 years, 2 months ago

Can't Examine Validity Of Order Passed By Child Welfare Committee Under JJ Act In Writ Of Habeas Corpus: Rajasthan High Court

Live Law  

The Rajasthan High Court has observed that validity of an order passed by the Child Welfare Committee under the Juvenile Justice Act, 2015 cannot be examined in a writ of habeas corpus. "It is trite to state that validity of an order passed by the Child Welfare Committee under the Juvenile Justice Act, 2015 cannot be examined in a writ …

Child welfare is supreme in custody cases, says Supreme Court
3 years, 2 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
3 years, 2 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 …

A Daughter Expecting Father To Support Her Education Will Also Have To Play Role As A Daughter: Supreme Court
3 years, 3 months ago

A Daughter Expecting Father To Support Her Education Will Also Have To Play Role As A Daughter: Supreme Court

Live Law  

While hearing a matrimonial dispute, the Supreme Court of India observed that a daughter must understand that if she is expecting the father to support her education, she will also have to play a role as a daughter.A Bench comprising Justice SK Kaul and Justice MM Sundresh made the observations after it was informed that the daughter has refused to …

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

Discover Related