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 custom is violative of Article 14 and 15 of the Constitution inasmuch as it arbitrarily deprives a mother from the custody of her male child, without any due process of law. She has alleged that the impugned custom also violates the right of the children of the Dawoodi Bora community as it ignores the principal of "paramount welfare" of a child. Fundamental Rights, as per the Supreme Court's ruling in Shayara Bano v. Union of India, 2017 SCC 1, and hence, it is also subject to Article 14 and its species right of Article 15.

Supreme Court Constitution Court Custody Child Right Custom Petition Petitioner Male Child Dawoodi Bora Community Dawoodi Bora  petitioner  granting  dawoodi  community  article  rights  court  filed  father  supreme  plea  custom  custody  male  right  child  impugned  petition

History of this topic

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 …

SC Allows Interim Custody Of Minor Children To Maternal Grandparents, Upholds Welfare Of Minor Is The Only Paramount Consideration
1 year, 5 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 …

Supreme Court Stays HC Direction Allowing Father To Take Custody Of Minor Girl From 'Adoptive' Parents
1 year, 9 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 …

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 …

Dawoodi Bohra community child custody custom challenged
4 years, 3 months ago

Dawoodi Bohra community child custody custom challenged

The Hindu  

A young Indian mother based in Kuwait moved the Supreme Court on Monday against a ‘custom’ in the Dawoodi Bohra community which allows a man to take over from his estranged wife the custody of their child who is above seven without any due process of law. Fatema Quaid Zohar Challawala said the custom which allows the father “continuous custody” …

“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 …

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 …

A Father cannot appear and plead on behalf of his children: Madras HC [Read Order]
8 years, 9 months ago

A Father cannot appear and plead on behalf of his children: Madras HC [Read Order]

Live Law  

“Only an authorised practitioner of law, can appear and plead on behalf of some other individual” the bench observed.A Division Bench of Madras High Court bench, in P.Balasubramaniyan v The Tahsildar, Karur District has refused to grant permission to a father to appear as party in person and plead on behalf of his children.The father had appeared before the court …

Discover Related