10-Yr-Old Not Concerned With Financial Security Provided By Father, Personality Build Up More Crucial: P&H HC Upholds Mother's Custody
1 week, 4 days ago

10-Yr-Old Not Concerned With Financial Security Provided By Father, Personality Build Up More Crucial: P&H HC Upholds Mother's Custody

Live Law  

The Punjab and Haryana High Court recently upheld the mother's custody of a 10 years old girl child, rejecting the father's contention that he is the rightful guardian of the child as he is building a financial corpus for the child's future.Single judge Justice Archana Puri remarked, "So far as, the financial security is concerned, it is good that father is doing so to secure the future of. The Punjab and Haryana High Court recently upheld the mother's custody of a 10 years old girl child, rejecting the father's contention that he is the rightful guardian of the child as he is building a financial corpus for the child's future. was too harsh an order, which would work counter to the interest of the child in question and thus, would frustrate the very purpose of the provisions of interim custody and visitation rights," Court said. Consequently, the Court continued the father's visitation right and directed the mother to keep the father in loop regarding the child's medical needs so that if need arises, the couple shall "together" address the situation.

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History of this topic

Grandparents Cannot Have Better Claim Than Father For Child's Custody : Supreme Court
1 month, 1 week ago

Grandparents Cannot Have Better Claim Than Father For Child's Custody : Supreme Court

Live Law  

The Supreme Court recently allowed a father to get the custody of his child from maternal grandparents, observing that grandparents cannot have a better claim than the father, who is the natural guardian.A bench of Justices BR Gavai and K Vinod Chandran heard a father's appeal against the High Court's rejection of his habeas corpus petition. The Supreme Court recently …

Supreme Court Upholds Natural Guardian's Right to Custody Of Child
7 months ago

Supreme Court Upholds Natural Guardian's Right to Custody Of Child

Live Law  

While granting custody of a minor daughter to her father, the Supreme Court observed that granting temporary custody of a minor child to a relative would not preclude the natural guardian from seeking custody of a minor child.After the unfortunate death of a minor's mother during COVID-19, the father had asked her sisters-in-law to take care of her minor daughter …

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 …

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 …

Custody orders not rigid, can be altered keeping in mind child's need: Bombay HC
1 year, 10 months ago

Custody orders not rigid, can be altered keeping in mind child's need: Bombay HC

India Today  

The Bombay High Court on Saturday said that the custody orders cannot be made rigid and are capable of being altered, keeping in mind the needs and welfare of the child at various stages of life. The high court said this while directing a family court to hear afresh an application filed by a man seeking to be appointed as …

‘Other Family Members Can't Take Place Of Father, Mother’: P&H HC Upholds 3-Yr Old’s Interim Custody To Mother, Says Father May Not Have Ample Time
2 years, 2 months ago

‘Other Family Members Can't Take Place Of Father, Mother’: P&H HC Upholds 3-Yr Old’s Interim Custody To Mother, Says Father May Not Have Ample Time

Live Law  

Upholding the grant of interim custody of a minor son to his mother, the Punjab and Haryana High Court recently observed that extended family members of the child can never take place of either the father or the mother, when it comes to taking care of the minor.The court was commenting on the father's argument that his parents and other …

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 …

MP HC Holds Open Court Hearing As Exception, Grants Toddler Boy's Custody To Mother, Seeing His Fondness For Her [Read Order]
4 years, 8 months ago

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

Live Law  

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

Father abducts toddler; Court grants guardianship to mother
5 years, 4 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 …

HC modifies family court order on man meeting 16-year-old son
5 years, 10 months ago

HC modifies family court order on man meeting 16-year-old son

The Hindu  

The Bombay High Court recently modified a family court order that made it mandatory for a 16-year-old boy to meet his father following a traumatising experience in the last meeting. She sought to stay an order passed by the family court that allowed her former husband to meet their son every Saturday in the court’s children’s complex. He has developed …

Custody battles: When the man gets the child
13 years, 6 months ago

Custody battles: When the man gets the child

Firstpost  

The number of custody battles, much like divorce cases, are on a steady rise. “My wife says she loves Billy and I believe that she does, but I’d like to know what law says a woman is a better parent simply by virtue of her sex?” declared Ted Kramer, in the courtroom scene where he battles for custody of his …

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