“We Have ‘Comity Of Courts’”, Says SC; Dismisses Father’s Plea For Habeas Corpus Where Custody Is Assigned By Australian Court [Read Order]
7 years ago

“We Have ‘Comity Of Courts’”, Says SC; Dismisses Father’s Plea For Habeas Corpus Where Custody Is Assigned By Australian Court [Read Order]

Live Law  

In an interesting instance of a habeas corpus writ petition instituted by the father of a 13-year-old girl, the Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Monday reasserted the principle of ‘Comity of Courts’.The facts of the case were that the biological mother of the girl had passed away soon after her birth in 2005, since when. In an interesting instance of a habeas corpus writ petition instituted by the father of a 13-year-old girl, the Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Monday reasserted the principle of ‘Comity of Courts’. Noting that the petitioner has remarried and adopted a child, the Chief Justice stated, “We have a ‘comity of courts’. the Australian court has already determined the issue.” On continued persistence by the advocate for the petitioner, the Chief Justice remarked, “Go, file a case in Australia.” “The child is only thirteen years old and she has stayed with her maternal uncle for all thirteen years.She is not an adult but she is still entitled to the right of expression.,” observed the bench, dismissing the habeas corpus writ petition, while remarking that other remedies available to the petitioner may be taken a recourse to by him.

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History of this topic

Cases Of Missing Persons Cannot Be Pursued Under Habeas Corpus Jurisdiction: MP High Court Reiterates
1 month, 3 weeks ago

Cases Of Missing Persons Cannot Be Pursued Under Habeas Corpus Jurisdiction: MP High Court Reiterates

Live Law  

While hearing a Habeas Corpus Petition, the Madhya Pradesh High Court has reiterated that cases of missing persons cannot be brought under the provision of Habeas Corpus and that such cases are to be filed under regular provisions of the penal law. The division bench of Justice Sanjeev Sachdeva and Justice Vinay Saraf observed, “Cases of missing persons cannot be …

Atul Subhash Case : Supreme Court Disposes Of Habeas Corpus Petition Filed By Mother Of Subhash To Know Whereabouts Of Child
2 months ago

Atul Subhash Case : Supreme Court Disposes Of Habeas Corpus Petition Filed By Mother Of Subhash To Know Whereabouts Of Child

Live Law  

The Supreme Court today disposed of a habeas corpus petition filed by Anju Devi, mother of Karnataka-based techie Atul Subhash, to know about the whereabouts of her grandson. A bench of Justices B.V. Nagarathna and Satish Chandra Sharma heard the matter in in-camera proceedings to maintain the privacy of the child. After the Court interacted with the child, it disposed …

Merely Submitting Adoption Plea Wouldn't Confer Any Rights To Unilaterally Take Child's Custody Without Following Procedure: Madras HC
2 months, 1 week 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 …

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. …

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court
6 months, 1 week ago

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that a habeas corpus plea seeking the release of the accused, who is in judicial custody by virtue of an order passed by a court of competent jurisdiction, and, whose regular bail application has also been dismissed by the trial Court concerned, is not maintainable.Justice Kuldeep Tiwari refused to entertain the habeas …

"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband
6 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 …

Kerala High Court Dismisses Habeas Corpus Plea
1 year, 3 months ago

Kerala High Court Dismisses Habeas Corpus Plea

Live Law  

The Kerala High Court today closed the Habeas Corpus petition filed by the father of Dr Akhila @ Hadiya alleging that his daughter had been missing since the last month and they were unable to contact her. A division bench comprising Justice Anu Sivaraman and Justice C. Pratheep Kumar observed that Hadiya is not under any illegal detention and thus …

Mother Entitled To Custody Of Male Child Until He Completes Age Of 7 Years As Per Muslim Law: Allahabad High Court
1 year, 3 months ago

Mother Entitled To Custody Of Male Child Until He Completes Age Of 7 Years As Per Muslim Law: Allahabad High Court

Live Law  

The Allahabad High Court has observed that according to the Mohammedan Law, a mother is entitled to custody of a male child until he completes the age of 7 years.The bench of Justice Karunesh Singh Pawar observed thus while allowing a habeas corpus filed by the mother of the detenue-Takbeer Khan, aged about 3 years and 7 months. The Allahabad …

ED Questions Maintainability Of Habeas Corpus Plea Against Senthil Balaji’s Arrest, Tells Madras High Court ‘He Wasn’t Cooperating With Probe’
1 year, 8 months ago

ED Questions Maintainability Of Habeas Corpus Plea Against Senthil Balaji’s Arrest, Tells Madras High Court ‘He Wasn’t Cooperating With Probe’

Live Law  

Opposing the habeas corpus petition challenging Tamil Nadu minister Senthil Balaj’s arrest in the money laundering case, the Enforcement Directorate on Tuesday argued that the court cannot interfere in the matter in a habeas corpus plea when the trial court has held the custody to be not illegal. Mehta also argued that though executive actions can be challenged when they …

Interfaith Marriage: Gujarat High Court Rejects Mother's Plea For Custody Of Adult Daughter, Says Not Abducted Or Confined Illegally
1 year, 9 months ago

Interfaith Marriage: Gujarat High Court Rejects Mother's Plea For Custody Of Adult Daughter, Says Not Abducted Or Confined Illegally

Live Law  

The Gujarat High Court dismissed a habeas corpus plea of a woman seeking custody of her adult daughter, who is said to have willingly entered into a marriage with a Muslim man. "All the documents produced by the petitioner herself is clear to establish that she is major and entered into a marriage, of course with a person of her …

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 …

International Child Removal To India And The Balancing Factors In A Writ Of Habeas Corpus: Show Me The ‘Baby’
1 year, 11 months ago

International Child Removal To India And The Balancing Factors In A Writ Of Habeas Corpus: Show Me The ‘Baby’

Live Law  

Indian case law extensively covers matters concerning international parental child removal to India from a foreign country. Consequently, in most cases, the left-behind parent is constrained to approach the jurisdictionally appropriate court in his or her home country for an ‘emergency custody order’ requiring the child's return by a set date. The court in this case noted that, “unless, the …

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 …

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court
2 years, 5 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 …

Gujarat High Court Allows 'Habeas Corpus' Petition By Younger Son Seeking Parents' Custody From Elder Brother
2 years, 7 months ago

Gujarat High Court Allows 'Habeas Corpus' Petition By Younger Son Seeking Parents' Custody From Elder Brother

Live Law  

The Gujarat High Court has handed over the custody of an old and ailing couple to their younger son in a habeas corpus petition filed by the latter alleging mis-treatment and illegal detention of his parents by his elder brother, the Respondent. A division bench of Justices Vipul Pancholi and Sandeep Bhatt expressed shock at the Respondent's conduct in chambers, …

Primary Object of Habeas Corpus Petition For Child's Custody Is To Determine In Whose Custody The Best Interest of the Child Will Be Advanced: Supreme Court
2 years, 8 months ago

Primary Object of Habeas Corpus Petition For Child's Custody Is To Determine In Whose Custody The Best Interest of the Child Will Be Advanced: Supreme Court

Live Law  

The Supreme Court, on Thursday, held that in petition seeking writ of habeas corpus in matter relating to custody of child, the Court exercises an inherent jurisdiction, independent of any statute and therein the paramount consideration of the Court is to ascertain what is in the best interest of the child. The primary object of a Habeas Corpus petition, as …

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, 11 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
3 years 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
3 years, 1 month 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 …

Father Can't File Habeas Corpus Petition To Seek Child's Custody From Mother: Karnataka High Court Imposes 50K Cost
3 years, 2 months ago

Father Can't File Habeas Corpus Petition To Seek Child's Custody From Mother: Karnataka High Court Imposes 50K Cost

Live Law  

Observing that "Litigants and members of the Bar appear to have not understood the importance and seriousness of this extraordinary writ of Habeas Corpus," the Karnataka High Court recently dismissed a petition filed by a father seeking directions to produce his 2 year old girl before the court, who is in safe custody of her mother. Wife opposed the plea: …

'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 …

Interfaith Marriage- "Habeas Plea Not Maintainable On Apprehension Of Communal Tension": Allahabad HC Dismisses Girl's Father Plea
3 years, 4 months ago

Interfaith Marriage- "Habeas Plea Not Maintainable On Apprehension Of Communal Tension": Allahabad HC Dismisses Girl's Father Plea

Live Law  

The Allahabad High Court recently dismissed a habeas corpus plea filed by a father seeking the production of his daughter and a direction to set her free from the illegal detention of a man, a Hindu by religion.Taking into account the apprehension of the father regarding communal tension in the garb of a threat, if the alleged detenue is not …

Assertion That Corpus Is Abducted By Unknown Miscreants Isn't Sufficient To Invoke Habeas Corpus Writ: Madhya Pradesh High Court
3 years, 5 months ago

Assertion That Corpus Is Abducted By Unknown Miscreants Isn't Sufficient To Invoke Habeas Corpus Writ: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently ruled that only an assertion that the corpus has been abducted by some unknown miscreants, is not sufficient to seek issuance of a writ of habeas corpus.The Bench of Justice S. A. Dharmadhikari further held that the condition precedent for instituting a writ of habeas corpus is that the person for whose release, the …

Case Of Missing Person Sans Strong Suspicion Of Illegal Detention Can't Come Under Ambit Of Habeas Corpus Plea: Gauhati HC
3 years, 5 months ago

Case Of Missing Person Sans Strong Suspicion Of Illegal Detention Can't Come Under Ambit Of Habeas Corpus Plea: Gauhati HC

Live Law  

The Gauhati High Court recently held that missing person cases would not come within the ambit of a habeas corpus petition, but such cases are required to be registered under the regular provisions of the Indian Penal Code.The Bench of Justice Kalyan Rai Surana was hearing a habeas corpus plea filed by one Mamoni Kakoty praying for a direction. The …

Mother's Work Commitments Don't Make Her Unsuitable For Child's Custody: Bombay High Court
3 years, 5 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 …

'Saddened & Dismayed', Kerala High Court On Media Reports In Habeas Corpus Case Suggesting Woman & Child Were In Custody Of Extremist Bodies
3 years, 8 months ago

'Saddened & Dismayed', Kerala High Court On Media Reports In Habeas Corpus Case Suggesting Woman & Child Were In Custody Of Extremist Bodies

Live Law  

The Kerala High Court on Wednesday expressed its disappointment with the media reports which stated that a woman and her child were in the custody of extremist bodies, after the Court had issued a notice on a Habeas Corpus plea of woman's husband. Thereafter, the Court had issued notice, which the Court noted that it usually does in petitions seeking …

Extramarital Affair of Woman Can't Define Her as 'Bad Mother', Rules Punjab and Haryana HC
3 years, 9 months ago

Extramarital Affair of Woman Can't Define Her as 'Bad Mother', Rules Punjab and Haryana HC

News 18  

Ruling that an extramarital affair of a woman cannot be used to define her as a bad mother, the Punjab and Haryana High Court handed over the custody of her four-and-a-half-year-old daughter to the woman on Wednesday. Even assuming a woman is or has been in an extramarital relationship, the same by itself cannot lead to the conclusion that she …

"Section 97 CrPC Has Become Dead Letter": Supreme Court Urges Habeas Corpus Petitioner To Take Recourse To S. 97 In Matter Of Illegal Detention Of Wife By Father
3 years, 10 months ago

"Section 97 CrPC Has Become Dead Letter": Supreme Court Urges Habeas Corpus Petitioner To Take Recourse To S. 97 In Matter Of Illegal Detention Of Wife By Father

Live Law  

The Supreme Court on Tuesday urged a petitioner, having filed a habeas corpus plea under Article 32 against the illegal detention of his wife by her father, to take recourse to section 97, Cr. It may be noted that the said section 97 provides that if any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to …

Daughter Being In Parents' Custody Doesn't Always Amount To Illegal Detention : Supreme Court In 'Spiritual Guru's Habeas Plea
4 years, 1 month ago

Daughter Being In Parents' Custody Doesn't Always Amount To Illegal Detention : Supreme Court In 'Spiritual Guru's Habeas Plea

Live Law  

The Supreme Court bench headed by the Chief Justice of India, S.A. Bobde on Monday refused to entertain a petition filed by a 'spiritual guru', challenging the verdict of the Kerala High Court which dismissed his habeas corpus petition seeking release of his 'spiritual live in partner' allegedly under illegal detention of her parents. The Court expressed disinclination to entertain …

Plea In Supreme Court Against Automatic Granting Of Custody Of Male Child To Father In Dawoodi Bora Community
4 years, 3 months 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 …

The Supreme Court sets at naught the solemn guarantee of the writ of habeas corpus
4 years, 3 months ago

The Supreme Court sets at naught the solemn guarantee of the writ of habeas corpus

The Hindu  

I F Justice Dhananjai Chandrachud imagined that the ornate, florid prose in his judgment in Arnab Goswami’s case would win him plaudits, the flurry of editorials criticising it must have disillusioned him, especially the criticism that followed another case which came soon after, exposing double standards. Yogi has bought whole pages of expensive The very next day, on October 6, …

[Habeas Corpus Writ For Child Custody] Most Significant Consideration Is The Welfare Of The Child, Reiterates SC [Read Order]
4 years, 5 months ago

[Habeas Corpus Writ For Child Custody] Most Significant Consideration Is The Welfare Of The Child, Reiterates SC [Read Order]

Live Law  

The most significant consideration while issuing a writ of habeas corpus in relation to minor child custody matter,is the welfare of the child, the Supreme Court has reiterated.The Apex Court was considering an appeal filed by a father against the conditions which were imposed by the High Court while allowing him to take the child back to the United States …

'Earmark Share Of The Corpus And Her Child In Family Property' Gujarat HC Gave Unprecedented Order In Habeas Corpus Proceeding [Read Order]
4 years, 6 months ago

'Earmark Share Of The Corpus And Her Child In Family Property' Gujarat HC Gave Unprecedented Order In Habeas Corpus Proceeding [Read Order]

Live Law  

The Gujarat High Court on Tuesday passed an unprecedented order in a habeas corpus proceeding asking the parents of Respondent no. Court's Observation and Directions Noticing the fact that the attempts to bring about the amicable settlement between the parties had not materialized so far, due to oscillation on the part of the parents of the corpus, the court conversed …

Writ In Nature Of Habeas Corpus Maintainable In Matters Of Child Custody: Madhya Pradesh [Read Judgment]
4 years, 9 months ago

Writ In Nature Of Habeas Corpus Maintainable In Matters Of Child Custody: Madhya Pradesh [Read Judgment]

Live Law  

The Madhya Pradesh High Court recently allowed a habeas corpus petition, which in effect pertained to the custody of a 2 year old boy, holding US citizenship. Emphasizing on the family law principle that "welfare of the child is of paramount importance", the bench of Justice SC Sharma examined the issue whether a Habeas Corpus petition is maintainable in respect …

SC Grants Relief To Couple Who Married Against Parental Wishes By Staying Habeas Case Filed By Wife's Father
5 years, 1 month ago

SC Grants Relief To Couple Who Married Against Parental Wishes By Staying Habeas Case Filed By Wife's Father

Live Law  

In an interim relief to a couple who had married out of love against parental wishes, the Supreme Court on Tuesday stayed the proceedings in a habeas corpus plea filed by the wife's father in Rajasthan High Court.The couple, originally belonging to Rajasthan, settled in Mumbai after marriage. In an interim relief to a couple who had married out of …

Writ Of Habeas Corpus Cannot Be Invoked For Granting Premature Release Of Convicted Prisoners: SC [Read Judgment]
5 years, 2 months ago

Writ Of Habeas Corpus Cannot Be Invoked For Granting Premature Release Of Convicted Prisoners: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a writ of habeas corpus cannot be invoked for granting plea seeking premature release of a convicted prisoner. The Court was considering appeals against the Madras High Court orders which had allowed Habeas Corpus writ petitions filed by prisoners convicted and sentenced for life imprisonment in murder cases. The Court noted the settled propositions …

Father abducts toddler; Court grants guardianship to mother
5 years, 5 months ago

Father abducts toddler; Court grants guardianship to mother

India TV News  

A man's abducting his toddler daughter and taking her illegally to Dubai, away from his estranged wife, has invited the wrath of a Delhi court which has declared the mother to be the guardian and custodian of the child for "her paramount interest and welfare". Taking note of the man's conduct, Principal Judge of Family Court Swarana Kanta Sharma said …

Writ Of Habeas Corpus Can’t Be Used For Mere Enforcement Of A Foreign Court’s Order: SC [Read Judgment]
7 years, 8 months ago

Writ Of Habeas Corpus Can’t Be Used For Mere Enforcement Of A Foreign Court’s Order: SC [Read Judgment]

Live Law  

A pre-existing order of a foreign court can be reckoned only as one of the factor to be taken into consideration, the Bench observed.While reversing an order of the Delhi High Court, which directed a mother to comply with the direction of a court in the United Kingdom to produce her child before it, the Supreme Court, in Nithya Anand …

Habeas Corpus Writ Can’t Be Issued For Person Committed To Custody Under Court Order: Karnataka HC [Read Judgment]
7 years, 9 months ago

Habeas Corpus Writ Can’t Be Issued For Person Committed To Custody Under Court Order: Karnataka HC [Read Judgment]

Live Law  

Habeas corpus is not available to question the correctness of a decision of the legally constituted court of competent jurisdiction, the bench said.The Karnataka High Court has observed that habeas corpus cannot be granted when a person has been committed to custody under an order from a competent court.The father had filed the petition seeking the release of his 3-year-old …

Parental Control Different From Illegal Custody: Madras HC [Read Judgment]
8 years ago

Parental Control Different From Illegal Custody: Madras HC [Read Judgment]

Live Law  

The High Court of Madras recently upheld the decisions of the Courts which supported the view that parental authority, barring a few exceptions, would “out of bounds for a writ court, because it is exercised for the ultimate benefit of the ward.” “According to the petitioner, he is sister's son of respondent No.3. In the light of the decisions stated …

Writ of Habeas Corpus not maintainable when a Court Order, giving custody of minor girl to her father, is in existence: Allahabad HC
8 years, 7 months ago

Writ of Habeas Corpus not maintainable when a Court Order, giving custody of minor girl to her father, is in existence: Allahabad HC

Live Law  

Allahabad High Court has recently examined the issue regarding the maintainability of writ of Habeas corpus when an order of competent court/magistrate court is in existence for giving the minor girl in the custody of father after she was recovered during the investigation upon an FIR lodged under Sections 363 and 366 IPC.The petition has been filed to issue a …

Writ of Habeas Corpus not maintainable when a Court Order, giving custody of minor girl to her father, is in existence: Allahabad HC
8 years, 7 months ago

Writ of Habeas Corpus not maintainable when a Court Order, giving custody of minor girl to her father, is in existence: Allahabad HC

Live Law  

Allahabad High Court has recently examined the issue regarding the maintainability of writ of Habeas corpus when an order of competent court/magistrate court is in existence for giving the minor girl in the custody of father after she was recovered during the investigation upon an FIR lodged under Sections 363 and 366 IPC.The petition has been filed to issue a …

If an interim order passed by a foreign court in case of child custody has to be disregarded, there must be some special reason for doing so: SC
9 years, 11 months ago

If an interim order passed by a foreign court in case of child custody has to be disregarded, there must be some special reason for doing so: SC

Live Law  

A Supreme Court Bench comprising of Justice M.B. Lalit has held that in a case where there is a pre-existing order of a foreign court of competent jurisdiction to decide whether a child should be repatriated to the foreign country and the domestic court decides to conduct an elaborate inquiry, it must have special reasons to do so.The. Lalit has …

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