'Mother's love alone not enough for child custody', says Bombay HC
1 year, 3 months ago

'Mother's love alone not enough for child custody', says Bombay HC

Firstpost  

The High Court observed that the mother’s cases filed against father in India appeared to be a strategy to prevent the child from returning to the US. It noted that children suffer the most in custody battles during matrimonial disputes In a recent custody case, the Bombay High Court has ruled that deciding what’s best for a young child cannot rely solely on the love and care provided by the child’s mother. The court ordered the mother to return custody of the child to the father within 15 days, stressing that custody decisions should prioritize the child’s well-being. The High Court observed that the mother’s actions in India appeared to be a strategy to prevent the child from returning to the US.

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History of this topic

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 …

Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court
3 months, 3 weeks ago

Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court

Live Law  

In a significant order, the Aurangabad bench of the Bombay High Court held that custody matters pertaining to a child cannot be decided merely on the basis of the 'desire' of the child of a tender age since there are possibilities of 'tutoring' the child.Single-judge Justice Kishore Sant upheld the May 9, 2024 judgment of a Family Court in Aurangabad, …

'Love Of Father Cannot Be Better Than Mother's Love': Punjab & Haryana High Court Directs Father To Hand Over Custody Of 2 Yr-Old To Mother
3 months, 3 weeks ago

'Love Of Father Cannot Be Better Than Mother's Love': Punjab & Haryana High Court Directs Father To Hand Over Custody Of 2 Yr-Old To Mother

Live Law  

Observing that "love of father cannot be better in any manner from mother's love", the Punjab & Haryana High Court has directed to hand over the custody of 2-year-old son to his mother, who was allegedly detained by his father from his mother's residence.Justice Gurbir Singh said, "A mother's love is the very definition of sacrifice and dedication. Observing that …

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor
5 months, 1 week 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 …

“Child's Natural Right To Know And Meet His Parents Is Near Perfect”: Allahabad High Court Upholds Visitation Rights Of Father
5 months, 2 weeks ago

“Child's Natural Right To Know And Meet His Parents Is Near Perfect”: Allahabad High Court Upholds Visitation Rights Of Father

Live Law  

The Allahabad High Court has held that a child has the right to know and meet his parents, including the father during the pendency of the custody case before the Trial Court. The mother approached the High Court against the order of Family Court allowing the father to meet their son on one Sunday of every month in a public …

HC orders Pune woman to handover custody of 8-yr-old daughter to US-based husband
7 months, 2 weeks ago

HC orders Pune woman to handover custody of 8-yr-old daughter to US-based husband

Hindustan Times  

MUMBAI: The Bombay high court on Wednesday directed a 33-year-old woman from Pune to hand over custody of her 8-year-old daughter to her estranged husband based in the United States. But they began drifting apart after that, and in September 2023, when they got separated, the husband approached the district court in Mecklenburg county seeking custody of his daughter. Whilst …

Bombay High Court Orders Repatriation Of 7-Year-Old Girl To Father's Custody In USA, Says Mother Abducted Her For Own Interest
7 months, 2 weeks ago

Bombay High Court Orders Repatriation Of 7-Year-Old Girl To Father's Custody In USA, Says Mother Abducted Her For Own Interest

Live Law  

The Bombay High Court recently ordered the repatriation of a seven-year-old child to the United States of America in custody of her father who had been granted sole custody by a court in USA. A division bench of Justice AS Gadkari and Justice Shyam C Chandak criticized the mother's act of unilaterally relocating the daughter to India despite pending legal …

'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 …

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues
1 year ago

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues

Live Law  

The Bombay High Court on Wednesday dismissed a habeas corpus petition filed by a 41-year-old UK citizen seeking custody of his 3-year-old daughter from his estranged wife, an Indian citizen. When the man approached the Bombay High Court in February seeking compliance with the Singapore court's order, the High Court raised concerns about the child's welfare. Despite the parties signing …

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 …

Bombay High Court grants custody of child to father arrested for 'rape' of mother
1 year, 3 months ago

Bombay High Court grants custody of child to father arrested for 'rape' of mother

India Today  

The Bombay High Court on Friday granted the custody of a child to its biological father who was arrested on rape charges made by the mother. The bench of Justices Revati Mohite-Dere and Gauri Godse were hearing the father's plea against a decision made by the Maharashtra Child Welfare Committee to put the child up for adoption. In his plea, …

Delhi High Court backs kids' education abroad, rejects mother's relocation plea
1 year, 4 months ago

Delhi High Court backs kids' education abroad, rejects mother's relocation plea

India Today  

A mother's anxiety for her children's well-being is a natural instinct, but it cannot be allowed to hinder their education, the Delhi High Court asserted. Consequently, the court dismissed the mother's apprehensions of psychological trauma, considering them to be unfounded fears that should not hinder the children's educational path. "So being the case, the apprehension of the appellant mother that …

Mother who surrendered child tells High Court not to give custody to 'rapist' father
1 year, 4 months ago

Mother who surrendered child tells High Court not to give custody to 'rapist' father

India Today  

In a surprising turn of events during the ongoing child custody court hearing, the mother of the child, who had surrendered the child for adoption through the state Child Welfare Committee, approached the Bombay High Court. READ | Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father Agnes also argued that the …

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father
1 year, 4 months ago

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father

India Today  

The Bombay High Court has lashed out at the Child Welfare Committee of Maharashtra for putting up a child for adoption while the child's father was seeking his custody. The high court bench directed the CWC to get its act right in 48 hours, or else the court would pass an order. READ | Dramatic scenes outside Bombay High Court …

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 …

Child Custody Orders Can't Be Rigid And Final, Can Be Moulded Keeping In Mind Needs Of Child At Various Stages Of Life: Bombay High Court
1 year, 7 months ago

Child Custody Orders Can't Be Rigid And Final, Can Be Moulded Keeping In Mind Needs Of Child At Various Stages Of Life: Bombay High Court

Live Law  

Child custody orders can be altered and moulded at various stages of a child’s life keeping in mind his welfare, the Bombay High Court has observed. A single bench of Justice Neela Gokhale allowed a man to re-approach the Family Court to alter the mutual consent divorce terms with his ex-wife regarding child access, owing to the wife’s remarriage. “They …

Custody orders not rigid, can be altered keeping in mind child's need: Bombay HC
1 year, 7 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 …

‘Matrimonial Disputes Most Bitterly Fought Litigation in India’: Bombay HC Directs Woman To Let Teen Boy Meet Father
1 year, 8 months ago

‘Matrimonial Disputes Most Bitterly Fought Litigation in India’: Bombay HC Directs Woman To Let Teen Boy Meet Father

News 18  

The Bombay High Court recently observed that matrimonial disputes are the most bitterly fought adversarial litigation in India and, in such cases, the role of the court becomes crucial. A division bench of the Bombay High Court, comprising Justice RD Dhanuka and Justice Gauri Godse, observed: “In our country, matrimonial disputes constitute the most bitterly fought adversarial litigation. “Due to …

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 …

Delhi High Court Paves Way For Inter Country Adoption By Foreign Couple, Orders Expeditious Completion Of Legal Formalities
2 years ago

Delhi High Court Paves Way For Inter Country Adoption By Foreign Couple, Orders Expeditious Completion Of Legal Formalities

Live Law  

Paving way for an inter country adoption by a foreign couple, the Delhi High Court on Friday directed the authorities to expeditiously conclude all legal formalities relating to adoption of a minor child with special needs, who was found abandoned in October 2019 in a cremation ground. The bench observed that undisputedly no reservation came to be made by a …

'Kidnapped' From War-torn Ukraine By Father, Delhi High Court Facilitates 3-yr-old's Meeting With Mother At Creche
2 years, 1 month ago

'Kidnapped' From War-torn Ukraine By Father, Delhi High Court Facilitates 3-yr-old's Meeting With Mother At Creche

Live Law  

In an alleged case of international parental child abduction, the Delhi Court on Friday asked a Ukrainian woman to meet her three-year-old child, who was allegedly kidnapped by her ex husband and brought to India when the war was raging between Russia and Ukraine in March, at its recently inaugurated creche.A division bench of Justice Siddharth Mridul and Justice Amit …

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 …

‘The child has a right to get the love and affection of both parents,’ says Supreme Court
2 years, 6 months ago

‘The child has a right to get the love and affection of both parents,’ says Supreme Court

The Hindu  

The Supreme Court stepped into the shoes of children who find themselves in the middle of custody battles between estranged parents, saying a child is happiest when he or she can have both parents. The top court was hearing an appeal from Rajasthan where the Family Court had rejected the father’s plea for interim custody of his minor son in …

Child welfare is supreme in custody cases, says Supreme Court
2 years, 11 months ago

Child welfare is supreme in custody cases, says Supreme Court

Deccan Chronicle  

New Delhi: The Supreme Court has ruled that in matters involving the custody of a minor child having foreign citizenship, the predominant right of child welfare can’t be weighed against the rights of parents who involved in a dispute over the repatriation of the child. “The issue regarding custody of a minor child and the issue of the repatriation of …

Mother's Work Commitments Don't Make Her Unsuitable For Child's Custody: Bombay High Court
3 years, 2 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 …

Keeping Child in Mother's Custody Natural, Conducive to Its Welfare: Bombay HC
3 years, 2 months ago

Keeping Child in Mother's Custody Natural, Conducive to Its Welfare: Bombay HC

News 18  

Keeping a child in the custody of the mother appears more natural and conducive to his welfare and development, the Bombay High Court said on Thursday, while refusing to direct a television actor to hand over the custody of her five-year-old son to her estranged husband. At such a tender age, a child needs the company of the mother, and …

Extramarital Affair of Woman Can't Define Her as 'Bad Mother', Rules Punjab and Haryana HC
3 years, 6 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 …

Extramarital Affair No Ground To Conclude Woman Wouldn't Be A Good Mother & Deny Her Child Custody: Punjab & Haryana High Court
3 years, 6 months ago

Extramarital Affair No Ground To Conclude Woman Wouldn't Be A Good Mother & Deny Her Child Custody: Punjab & Haryana High Court

Live Law  

Noting that in a patriarchal society, it is common to cast aspersions on the moral character of a woman, the Punjab & Haryana High Court, while granting custody over a four-year-old child to her mother, recently observed thus:"Even assuming a woman is or has been in an extramarital relationship, the same by itself cannot lead to the conclusion that she …

Merely Executing Notarized Document Purporting To Adoption Deed Does Not Give A Right To Child Custody: Bombay High Court
3 years, 8 months ago

Merely Executing Notarized Document Purporting To Adoption Deed Does Not Give A Right To Child Custody: Bombay High Court

Live Law  

The Bombay High Court recently refused permission to a couple to take custody over a two-year-old child on the strength of a "notarised adoption deed". A Bench of Justices SS Shinde and Manish Pitale ruled, "We are of the opinion that by merely executing a notarized document purporting to be an Adoption Deed, the petitioners cannot claim that they have …

SC allows man to meet daughter who has accused him of killing her mother
3 years, 9 months ago

SC allows man to meet daughter who has accused him of killing her mother

Hindustan Times  

The Supreme Court has allowed a man to meet his daughter, who has accused him of killing her mother, saying it would be “in the best interest” of the six-year-old to maintain her relationship with him, especially since the charges were yet to be proved. A bench, headed by Justice Sanjay Kishan Kaul, called the situation “difficult” as the child …

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