'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 adoptive mother respectively, both of whom are sisters-in-law. Around the same time the habeas corpus petitions were being scrutinised by the High Court Registry, the adoptive mother also filed a habeas corpus petition before Supreme Court for the child's custody. Putting the matter to rest, the court set aside the CWC order on facts and handed over the child's custody to the adoptive mother.

History of this topic

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father
1 week, 3 days ago
Bench sets aside order on adoption of children in Telangana
3 weeks, 2 days ago
Telangana HC Directs CWC to Decide on Kids’ Custody
3 weeks, 2 days ago
Bombay High Court asks Maharashtra child welfare panel to decide custody of teen sex trafficking survivor
3 weeks, 6 days ago
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
Rajasthan High Court Grants Custody Of 2-Yr-Old Child To Widow Who Was Accused Of Abetting Husband's Suicide By In-Laws
3 months, 3 weeks ago
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
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
Biological Mother's Marital Status Cannot Be Determining Factor in Adoption of Child: Madras High Court
6 months ago
CWC returns child to unwed mother’s custody after she revoked surrender deed
6 months, 3 weeks ago
SC orders immediate release of 25-year-old woman detained by her parents
11 months, 1 week ago
Mother Entitled To Custody Of Male Child Until He Completes Age Of 7 Years As Per Muslim Law: Allahabad High Court
1 year ago
Child welfare committee expected to show sensitivity, not conduct proceedings in business-like manner: Delhi HC
1 year, 1 month ago
SC Allows Interim Custody Of Minor Children To Maternal Grandparents, Upholds Welfare Of Minor Is The Only Paramount Consideration
1 year, 1 month ago
Bombay High Court grants custody of child to father arrested for 'rape' of mother
1 year, 3 months ago
Medical Intervention Alone Insufficient To Protect Autistic Child's Best Interest: Mother Moves Habeas Corpus Plea In Kerala HC Against Husband
1 year, 3 months ago
Mother who surrendered child tells High Court not to give custody to 'rapist' father
1 year, 4 months ago
Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father
1 year, 4 months ago
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
Supreme Court Stays HC Direction Allowing Father To Take Custody Of Minor Girl From 'Adoptive' Parents
1 year, 5 months ago
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
Discrimination between biological & adoptive mothers: SC agrees to examine the law
1 year, 7 months ago
Biological parents of child given for adoption file habeas corpus plea in Bombay HC
1 year, 7 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
1 year, 8 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
1 year, 10 months ago
Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court
2 years, 2 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
2 years, 4 months ago
Gujarat High Court Allows 'Habeas Corpus' Petition By Younger Son Seeking Parents' Custody From Elder Brother
2 years, 4 months ago
Mother being natural guardian can decide child's surname, says Supreme Court
2 years, 4 months ago
Child Adopted By A Widow Not Entitled To Inherit Her Deceased Husband's Property: Bombay High Court
2 years, 8 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
2 years, 9 months ago
Gujarat High Court Grants Joint Custody Of Differently Abled Corpus To His Father & Major Daughter
2 years, 10 months ago
Can't Examine Validity Of Order Passed By Child Welfare Committee Under JJ Act In Writ Of Habeas Corpus: Rajasthan High Court
2 years, 11 months ago
Family Court With Territorial Jurisdiction Is The Competent Authority To Give A Child In Adoption : Kerala High Court
2 years, 11 months ago
Stepmothers May Not Show Same Affection for Kids as Biological Mothers, Says K'taka HC in Custody Battle
2 years, 11 months ago
Baby kidnap case: Kerala HC postpones case to November 8 to await Anupama decision
3 years, 1 month ago
Mother's Work Commitments Don't Make Her Unsuitable For Child's Custody: Bombay High Court
3 years, 2 months ago
'Saddened & Dismayed', Kerala High Court On Media Reports In Habeas Corpus Case Suggesting Woman & Child Were In Custody Of Extremist Bodies
3 years, 5 months ago
Adoption cannot be restricted to orphans, abandoned children: Bombay High Court
3 years, 5 months ago
Merely Executing Notarized Document Purporting To Adoption Deed Does Not Give A Right To Child Custody: Bombay High Court
3 years, 8 months ago
Teenage Daughter Needs Mother To Share Issues Comfortably: Punjab And Haryana HC Upholds Daughter's Custody With Mother
3 years, 9 months ago
Whether Writ Of Habeas Corpus Maintainable Against Judicial Order Sending A Juvenile To A Juvenile Home? Allahabad High Court FB To Decide
4 years ago
'Earmark Share Of The Corpus And Her Child In Family Property' Gujarat HC Gave Unprecedented Order In Habeas Corpus Proceeding [Read Order]
4 years, 3 months ago
[Abduction Case] Serious Allegations Against Police For Misuse of Authority During Investigation, Delhi HC Directs Commissioner To Look Into The Matter [Read Order]
4 years, 5 months ago

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