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

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

News 18  

The Karnataka High Court denied interim custody order of a child to the father on the grounds that he had remarried and the step mother would not be able to take care of and show affection to children which biological mothers instinctively would. A single-judge bench comprising Justice Krishna S Dixit dismissed a petition challenging a family court order in Bengaluru and denied the father custody but accorded visitation rights, Bar and Bench reported. The court, however, noted, “His contention that he is financially well placed and educationally superior does not make much difference to the custody issue, when all necessities of the child are duly met by the respondent-mother.” From long and multiple interactions with the parties and the child, the Court derived that the child was being groomed well by the respondent and the child too wished to continue in her custody. The court also said that if the custody was given to the petitioner, the mother would end up all alone while the petitioner will live with the child and a wife.

Court Custody Child Mother Bench  hc  petitioner  bench  affection  father  child  ktaka  family  stepmothers  mothers  wife  battle  kids  care  mother  biological  court  custody

History of this topic

Cannot Discriminate Against Children Born Out Of Void Marriages While Providing Compassionate Employment: Calcutta High Court
1 week ago

Cannot Discriminate Against Children Born Out Of Void Marriages While Providing Compassionate Employment: Calcutta High Court

Live Law  

The Calcutta High Court has held that in cases for providing compassionate employment, it is 'reprehensible' to consider the source of inception of a child's birth and discriminate against those who may have been born from a void marriage.Justice Ananya Bandopadhyay held: "The objective to grant compassionate appointment to redress financial constraints occasioned in a family in the event of. …

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father
1 week, 2 days ago

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

Live Law  

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

In-Laws Keeping Young Child Away From Mother In Defiance Of Court Order Is Cruelty U/S 498A IPC: Bombay High Court
1 week, 5 days ago

In-Laws Keeping Young Child Away From Mother In Defiance Of Court Order Is Cruelty U/S 498A IPC: Bombay High Court

Live Law  

In a significant ruling, the Aurangabad bench of the Bombay High Court on Wednesday held that keeping a minor child away from the mother in defiance of a court order would amount to mental harassment and cruelty. The bench noted that the husband had taken along with him, his four year old daughter, despite a clear order from a Family …

Bench sets aside order on adoption of children in Telangana
3 weeks, 2 days 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 — …

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

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

Live Law  

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

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

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

Live Law  

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

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court
1 month, 1 week 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
1 month, 2 weeks 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 …

Madras HC Quashes POCSO Case Against Woman Who Alleged Mother & Sister Illegaly Retained Her Daughter's Custody, Orders Child To Be Returned
4 months ago

Madras HC Quashes POCSO Case Against Woman Who Alleged Mother & Sister Illegaly Retained Her Daughter's Custody, Orders Child To Be Returned

Live Law  

In an unusual order, the Madras High Court has invoked its extraordinary jurisdiction in a habeas corpus case, to quash the criminal proceedings initiated against a woman under the Protection of Children from Sexual Offences Act. After granting custody to the woman, the court went a step further and examined the POCSO proceedings initiated against her on the complaint of …

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

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

Live Law  

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

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

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

Live Law  

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

Biological Mother's Marital Status Cannot Be Determining Factor in Adoption of Child: Madras High Court
6 months ago

Biological Mother's Marital Status Cannot Be Determining Factor in Adoption of Child: Madras High Court

News 18  

The Madras High Court recently observed that the marital status of a Hindu woman cannot be the determining factor in deciding the adoption of her biological child. However, the registering authority refused registration because the child’s biological mother had attained majority and remained unmarried at the time of adoption and therefore, there was a lack of consent from the child’s …

'Educated People Expected to be Civilised Are Snatching Away 18-Month-Old Child': Madhya Pradesh HC Grants Custody to Mother
7 months, 3 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 …

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance
10 months, 3 weeks ago

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

Live Law  

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

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

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

Live Law  

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

SC Allows Interim Custody Of Minor Children To Maternal Grandparents, Upholds Welfare Of Minor Is The Only Paramount Consideration
1 year, 1 month 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 "Emotionally Attached" To Her: Bombay HC Appoints Aunt As Guardian Of 4-Yr-Old; Cites Mother's Psychological Issues, Father's Aggression
1 year, 2 months ago

Child "Emotionally Attached" To Her: Bombay HC Appoints Aunt As Guardian Of 4-Yr-Old; Cites Mother's Psychological Issues, Father's Aggression

Live Law  

The Bombay High Court recently appointed the paternal aunt of a four-year-old boy as his legal guardian while allowing his parents to visit him frequently and occasionally take him for outings with the condition that the child returns to his aunt’s custody on the same day. The court commissioner's report, which assessed the living conditions of the petitioner as well …

Ex-Parte Order Of German Court Granting Custody To Mother Not Acceptable, Welfare Of Child Paramount: Karnataka High Court
1 year, 2 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 …

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, 3 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 …

Telangana HC: Adopted child loses right in biological parents' property
1 year, 5 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 …

Interfaith Marriage: Gujarat High Court Rejects Mother's Plea For Custody Of Adult Daughter, Says Not Abducted Or Confined Illegally
1 year, 5 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 …

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

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

Live Law  

The Supreme Court, on Friday, stayed the order of Orissa High Court to the extent it directed restoration of custody of a minor girl child to her father. “There shall be an interim stay of the direction of the High Court directing the petitioners herein to handover custody of the minor child.to respondent No.2 until further orders.” A vacation Bench …

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

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

Live Law  

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

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

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

Live Law  

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

Proceedings For Guardianship, Custody Of Minor Lie Only Before Family Court: Karnataka High Court
1 year, 6 months ago

Proceedings For Guardianship, Custody Of Minor Lie Only Before Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that a proceeding in relation to the guardianship of a person or the custody of or access to any minor has to be filed before Family court and it cannot be filed before a district court or any subordinate civil court. The very proviso of Section 8 is very clear that no …

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

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

India Today  

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

Refusing Divorced Woman to Adopt Child as She is Working Reflects Medieval Conservative Mindset: Bombay HC
1 year, 8 months ago

Refusing Divorced Woman to Adopt Child as She is Working Reflects Medieval Conservative Mindset: Bombay HC

News 18  

The Bombay High Court has said refusing a divorced woman to adopt a child on the ground that she is working and hence would not be able to give personal attention to the child reflects a “mindset of medieval conservative concepts”. The HC passed the order on the petition filed by Shabnamjahan Ansari, a teacher by profession, challenging an order …

Punjab & Haryana HC Allows 9-Yr-Old To Stay With Maternal Grandmother After Mother Fails To Save Her From Sexual Abuse By Step Father
1 year, 8 months ago

Punjab & Haryana HC Allows 9-Yr-Old To Stay With Maternal Grandmother After Mother Fails To Save Her From Sexual Abuse By Step Father

Live Law  

Ruling that if the custody of either of the parents does not promote the child's welfare, it can be handed over to a third person, the Punjab and Haryana High Court has refused to hand over a 9-year-old girl to her mother, while allowing the maternal grandmother to retain her custody. Lastly, the petitioner contended that there existed a grave …

S.125 CrPC | Step Mother May Seek Maintenance From Step Children By Showing Evidence That Deceased Husband Had Properties: Karnataka High Court
1 year, 9 months ago

S.125 CrPC | Step Mother May Seek Maintenance From Step Children By Showing Evidence That Deceased Husband Had Properties: Karnataka High Court

Live Law  

The Karnataka High Court has said that a stepmother, to claim maintenance amount from legal heirs of her deceased husband, has to prove before the family court by tendering evidence and submission of documents that her husband was having a lot of properties and they are having income and thus she is entitled for maintenance amount. The court said “The …

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

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

Live Law  

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

Drama In Bombay High Court As 10-Yr-Old Resists Father’s Attempts To Take Custody, Grandfather Asked To Hand Over Custody At Police Station
1 year, 9 months ago

Drama In Bombay High Court As 10-Yr-Old Resists Father’s Attempts To Take Custody, Grandfather Asked To Hand Over Custody At Police Station

Live Law  

Amid the cries of a 10-year-old child refusing to be taken away by his biological father, the Bombay High Court asked the maternal grandfather to handover the child’s custody to the father at the police station later in the day. Following submissions from all parties involved, the court said, “The fact therefore remains that the Order passed by this Court …

Mother's Illicit Affair; Custody of Minor Child Given to Father
1 year, 10 months ago

Mother's Illicit Affair; Custody of Minor Child Given to Father

News 18  

The High Court of Karnataka has upheld a Family Court order giving the custody rights of a minor child to the father. The High Court in its judgment noted that she “has given more importance to the illicit relationship of hers and has neglected the child.” After leaving the matrimonial house with the child, the woman had left the minor …

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

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

Live Law  

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

Supreme Court Annual Digest 2022- Hindu Law
1 year, 11 months ago

Supreme Court Annual Digest 2022- Hindu Law

Live Law  

Family Courts Act, 1984 Family Courts Act, 1984 - The Family Courts Act is not a standalone Act. Akella Lalita v. Sri Konda Hanumantha Rao, 2022 LiveLaw 638 : AIR 2022 SC 3544 Hindu Adoption and Maintenance Act, 1956; Section 9 - Natural Guardian - Mother has an equal position as the father. Arunachala Gounder v. Ponnusamy, 2022 LiveLaw 71 …

Orders Giving Visitation Right/Temporary Child Custody Cannot Be Passed In A Proceedings For Restitution Of Conjugal Right : Supreme Court
2 years ago

Orders Giving Visitation Right/Temporary Child Custody Cannot Be Passed In A Proceedings For Restitution Of Conjugal Right : Supreme Court

Live Law  

The Supreme court observed that orders giving visitation rights or temporary child custody cannot be passed in a proceedings under Section 9 of the Hindu Marriage Act.In this case, the husband filed a petition under Section 9 of the Hindu Marriage, Act, 1955, seeking Restitution of Conjugal Rights, against the wife before the Family Court. The Supreme court observed that …

No Independent Right To Seek Custody U/S 25 Guardians & Wards Act Where Consent Decree Is Passed U/S 28 Special Marriage Act: P&H High Court
2 years, 3 months ago

No Independent Right To Seek Custody U/S 25 Guardians & Wards Act Where Consent Decree Is Passed U/S 28 Special Marriage Act: P&H High Court

Live Law  

".in terms of Section 38 of the Special Marriage Act, the respondent-husband has remedy to approach the said Court, which has passed the decree of divorce if any terms and condition were violated and, therefore, in view of the above mentioned two judgments, the petition filed by the respondent-father in terms of under Section 25 of the Guardianship and Wards …

Gujarat High Court Refuses Custody Of 2-Yr-Old To Mother Citing Voluntary Desertion, Child's Attachment To Father, Her Busy Work Schedule
2 years, 4 months ago

Gujarat High Court Refuses Custody Of 2-Yr-Old To Mother Citing Voluntary Desertion, Child's Attachment To Father, Her Busy Work Schedule

Live Law  

The Gujarat High Court has recently declined custody of a minor son to his mother on the ground that her work schedule did not permit her to take care of the child as compared to the work schedule of the father. Further, Justice Umesh Trivedi, while applying the principle of paramount interest of child, opined that the Appellant-mother had a …

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

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

India Today  

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

S.7 Family Courts Act | Circumstances Arising Out Of Marital Relationship May Include Not Only Husband & Wife But Also Parents-In-Law: Delhi HC
2 years, 5 months ago

S.7 Family Courts Act | Circumstances Arising Out Of Marital Relationship May Include Not Only Husband & Wife But Also Parents-In-Law: Delhi HC

Live Law  

The Delhi High Court has held that the words "circumstances arising out of marital relationship" used in reference to filing of suit for injunction under Clause of the explanation to Section 7 of the Family Courts Act, 1984 would include not only the husband and wife but may also include the parents-in-law. The petitioner herein had responded to this suit …

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

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

Op India  

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

Couple Moves Gujarat HC Seeking Custody Of Their 3 Day Old Child From Surrogate Mother Who Is In Judicial Custody
2 years, 5 months ago

Couple Moves Gujarat HC Seeking Custody Of Their 3 Day Old Child From Surrogate Mother Who Is In Judicial Custody

Live Law  

The intended parents of a 3-day-old child have moved to the Gujarat High Court seeking custody of the child from the surrogate mother, who is presently in judicial custody in connection with a criminal offence.Essentially, the couple opted for surrogacy and entered into a surrogacy agreement with a 31-year-old divorcee woman to become a surrogate mother of their. The intended …

Punjab & Haryana HC Denies Anticipatory Bail To Father Allegedly Conniving With Son Who Married Multiple Times Without Divorcing Disabled Spouse
2 years, 6 months ago

Punjab & Haryana HC Denies Anticipatory Bail To Father Allegedly Conniving With Son Who Married Multiple Times Without Divorcing Disabled Spouse

Live Law  

The Punjab and Haryana High Court while denying anticipatory bail to the father in a case where he was allegedly acting in connivance with his son who solemnized various marriages without getting divorce from his disabled spouse, held that in view of the seriousness of the allegation and to unravel the truth, the custodial interrogation of the petitioner is necessary. …

Can't Ask Daughter-In-Law To Pay Mother-In-Law Maintenance Under Senior Citizens Act : Bombay High Court
2 years, 7 months ago

Can't Ask Daughter-In-Law To Pay Mother-In-Law Maintenance Under Senior Citizens Act : Bombay High Court

Live Law  

The Bombay High Court has observed that a daughter-in-law cannot be directed to pay maintenance to her ailing mother-in-law, especially in the absence of any proof of the woman's income. It noted that Section 2 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 that defines 'children,' includes son, daughter, grandson and grand-daughter, but does not refer …

Child Adopted By A Widow Not Entitled To Inherit Her Deceased Husband's Property: Bombay High Court
2 years, 8 months ago

Child Adopted By A Widow Not Entitled To Inherit Her Deceased Husband's Property: Bombay High Court

Live Law  

The Bombay High court on Thursday answered the question of whether the principle of relation back is applicable in case of a son adopted post the demise of the husband of the adopting lady in the negative. A single judge Justice Shrikant D. Kulkarni observed, "an adopted son may have rights in future in the property which the family may …

'Wife not female': Husband approaches Supreme Court for divorce
2 years, 9 months ago

'Wife not female': Husband approaches Supreme Court for divorce

Firstpost  

A bench of Justices Sanjay Kishan Kaul and MM Sundresh asked the wife to file a reply to the husband’s petition challenging a Gwalior bench of Madhya Pradesh High Court order New Delhi: The Supreme Court has issued a notice to a wife on the husband’s plea seeking divorce on the ground that he has been cheated as the medical …

'The Marriage Is Totally Dead': Karnataka High Court Grants Divorce To Couple Living Separately Since 21 Yrs
2 years, 11 months ago

'The Marriage Is Totally Dead': Karnataka High Court Grants Divorce To Couple Living Separately Since 21 Yrs

Live Law  

Observing that "the marriage is totally dead" and that nothing would be gained by trying to keep the parties tied forever to a marriage that in fact has ceased to exist, the Karnataka High Court recently granted divorce to a couple who lived separately for a period of 21 years. The family court passed an ex-parte order granting divorce in …

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

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