Child's Ties With Father Should Not Be Stopped For All Times: Delhi HC Allows Visitation Rights To Father Despite Settlement Agreement To The Contrary [Read Order]
6 years, 3 months ago

Child's Ties With Father Should Not Be Stopped For All Times: Delhi HC Allows Visitation Rights To Father Despite Settlement Agreement To The Contrary [Read Order]

Live Law  

The Delhi High Court recently granted visitation rights to the father of a four-year-old girl, despite the fact that the settlement agreement between the girl’s parents did not allow for any contact between her and her father.In doing so, Justice Najmi Waziri emphasised on the importance of a child being under the care and concern of the mother as well as the father, observing, “The Court. The Delhi High Court recently granted visitation rights to the father of a four-year-old girl, despite the fact that the settlement agreement between the girl’s parents did not allow for any contact between her and her father. In doing so, Justice Najmi Waziri emphasised on the importance of a child being under the care and concern of the mother as well as the father, observing, “The Court is of the view that for a healthy emotional quotient and robust psychological growth of the child, the affection of both parents would be necessary. It, however, noted that the Settlement Agreement does not grant any visitation rights to the father, who is desirous of meeting his daughter.

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History of this topic

Mother can’t be denied custody of child, even if earlier given to father: Allahabad HC
2 months ago

Mother can’t be denied custody of child, even if earlier given to father: Allahabad HC

Hindustan Times  

The Allahabad high court has held that merely because the mother had been deprived of the company of her daughter at the time when the couple separated and the fact that the daughter continued to be in the father’s company for sometime itself would not be a sufficient circumstance to deny custody of the minor to the mother who is …

HC refuses to stop POCSO-accused woman’s access to minor daughter
2 months, 3 weeks ago

HC refuses to stop POCSO-accused woman’s access to minor daughter

Hindustan Times  

MUMBAI: The Bombay high court on Tuesday refused to interfere with a Pune family court order, setting out an arrangement of sequential alternate access to a minor girl child, of 15 days each between her father and mother. A vacation bench of justice Somasekhar Sundaresan refused to pass any interim order on the petition filed by the woman’s estranged husband, …

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor
8 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 …

“Child's Natural Right To Know And Meet His Parents Is Near Perfect”: Allahabad High Court Upholds Visitation Rights Of Father
8 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 …

'Educated People Expected to be Civilised Are Snatching Away 18-Month-Old Child': Madhya Pradesh HC Grants Custody to Mother
10 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 …

Adultery no grounds to deny parental custody: Delhi High Court
1 year, 1 month ago

Adultery no grounds to deny parental custody: Delhi High Court

Hindustan Times  

An adulterous spouse is not equivalent to an incompetent parent and an extramarital affair of a person cannot be the sole determining factor to deny them custody of a child, the Delhi High Court has ruled. The high court said points for consideration in divorce proceedings and custody matters may be co-related but they are always “mutually exclusive”. The high …

Delhi High Court upholds law barring marriage of distant relatives
1 year, 1 month ago

Delhi High Court upholds law barring marriage of distant relatives

Hindustan Times  

The Delhi high court upheld the validity of the Hindu Marriage Act provision that prohibits marriage between two people who are distantly related, saying that the consent of parents for a marriage between blood relatives cannot be treated as a custom under the law. The division bench, which also included justice Manmeet PS Arora, said the woman failed to prove …

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

Child welfare committee expected to show sensitivity, not conduct proceedings in business-like manner: Delhi HC
1 year, 4 months ago

Child welfare committee expected to show sensitivity, not conduct proceedings in business-like manner: Delhi HC

Hindustan Times  

The court's observations came while dealing with a POCSO case in which the child born to a woman, who knew only Urdu, was surrendered and later given for adoption. "In these circumstances, it was even more critical that the entire proceedings should have been explained to the victim herein as well as her guardian in their vernacular language or the …

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 …

'Mother's love alone not enough for child custody', says Bombay HC
1 year, 6 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 …

Delhi High Court backs kids' education abroad, rejects mother's relocation plea
1 year, 7 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 …

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, 9 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 …

Daughter In Law Has No Indefeasible Right In Shared Household, In-Laws Cannot Be Excluded: Delhi High Court
1 year, 9 months ago

Daughter In Law Has No Indefeasible Right In Shared Household, In-Laws Cannot Be Excluded: Delhi High Court

Live Law  

The Delhi High Court has ruled that a daughter in law does not have an indefeasible right in a “shared household” and that the in-laws cannot be excluded from the same.“Thus, the concept of ‘shared household’ clearly provides that the right of the daughter-in-law in a shared household is not an indefeasible right and cannot be to the exclusion of …

‘Matrimonial Disputes Most Bitterly Fought Litigation in India’: Bombay HC Directs Woman To Let Teen Boy Meet Father
1 year, 11 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 …

Parent Seeking Custody Should Have Attachment With Minor Child, Natural Guardianship Not Sole Criterion: Chhattisgarh High Court
2 years, 3 months ago

Parent Seeking Custody Should Have Attachment With Minor Child, Natural Guardianship Not Sole Criterion: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has recently observed that merely because the father is the natural guardian of his minor son, the issue of custody cannot automatically be decided in his favour.A Division Bench of Justice Goutam Bhaduri and Justice Radhakishan Agrawal reiterated that the welfare of the child is what takes precedence in such matters and that parents should have …

Delhi High Court Paves Way For Inter Country Adoption By Foreign Couple, Orders Expeditious Completion Of Legal Formalities
2 years, 3 months 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 …

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, 8 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 …

‘The child has a right to get the love and affection of both parents,’ says Supreme Court
2 years, 9 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 …

Delhi HC Dismisses Plea Seeking Review Of Order Giving Visitation Rights To Father Only If He Resided In Same Building As That Of Child
2 years, 10 months ago

Delhi HC Dismisses Plea Seeking Review Of Order Giving Visitation Rights To Father Only If He Resided In Same Building As That Of Child

Live Law  

The Delhi High Court recently dismissed a review petition seeking to challenge an order giving visitation rights to father only if he resided in the same building. Justice Kameswar Rao observed: "In any case, this Court, while modifying the impugned order of the Trial Court dated October 28, 2021, had noted the fact that the minor child is of tender …

Father Violates Court Order By Taking 8 Year Old To Nepal: Delhi High Court Directs CBI To Issue Red Corner Notice On Mother's Habeas Corpus Plea
2 years, 11 months ago

Father Violates Court Order By Taking 8 Year Old To Nepal: Delhi High Court Directs CBI To Issue Red Corner Notice On Mother's Habeas Corpus Plea

Live Law  

The Delhi High Court has directed the Central Bureau of Investigation to take necessary steps for issuance of Red Corner Notice against a father, a US citizen, who took his 8 year old daughter to Nepal in violation of Court orders despite being involved in child custody battle with the wife.Noting the continuing contemptuous conduct of the father, a division …

Order Of Restraint Against Husband Under Domestic Violence Act Does Not Preclude Family Court From Making Arrangement For Child Visitation: Delhi HC
2 years, 11 months ago

Order Of Restraint Against Husband Under Domestic Violence Act Does Not Preclude Family Court From Making Arrangement For Child Visitation: Delhi HC

Live Law  

The Delhi High Court has observed that the ambit and extent of Protection of Women from Domestic Violence Act, 2005 and Family Courts Act, 1984, being two competing statutes, must be harmoniously construed so as to avoid a situation of repugnancy and conflict.Justice Yashwant Varma relied on a 2017 judgment of the Supreme Court in Amit Kumar and another v. …

Father Can't Abdicate His Responsibility Of Looking After Unmarried Daughters, Obligated To Take Care Of Their Education & Marriage Expenses: Delhi HC
3 years, 2 months ago

Father Can't Abdicate His Responsibility Of Looking After Unmarried Daughters, Obligated To Take Care Of Their Education & Marriage Expenses: Delhi HC

Live Law  

The Delhi High Court has observed that a father cannot abdicate his responsibility of looking after his unmarried daughters and that he has a duty and obligation to maintain them, including taking care of their expenses towards education and marriage.A Bench of Justices Vipin Sanghi and Jasmeet Singh added that 'Kanya Daan' is a solemn and pious obligation of a …

"No Law Which Bars Parties From Entering In Gestational Agreements": Delhi Court Declares Couple As Biological Parents Of Child Born Out Of Surrogacy
3 years, 2 months ago

"No Law Which Bars Parties From Entering In Gestational Agreements": Delhi Court Declares Couple As Biological Parents Of Child Born Out Of Surrogacy

Live Law  

While declaring a couple as legal and biological parents of a child born out of a surrogacy arrangement, a Delhi Court has observed that there is no law in the Country which bars par­ties from entering into gestational agreements. Civil Judge Chitranshi Arora of the Saket Courts analyzed the law regarding surrogacy in India and observed that while there is …

'Conscious Decision': Delhi HC Quashes FIR Against Man Who Married Girl Aged 17 Yrs 11 Months & 12 Days
3 years, 3 months ago

'Conscious Decision': Delhi HC Quashes FIR Against Man Who Married Girl Aged 17 Yrs 11 Months & 12 Days

Live Law  

Noting that it was a conscious decision, the Delhi High Court has quashed FIR against a man who had married a girl aged 17 years 11 months & 12 days i.e. Noting that the girl was nearly 18 years old, the Court after perusing her statement observed thus: "The petitioner has married "K" and is living happily with him. On …

Obligation To Maintain Child Is Paramount Wish Of Father; Cannot Be Permitted To Limit It On Flimsy, Baseless Grounds: Delhi Court
3 years, 4 months ago

Obligation To Maintain Child Is Paramount Wish Of Father; Cannot Be Permitted To Limit It On Flimsy, Baseless Grounds: Delhi Court

Live Law  

A Delhi Court has recently observed that the statutory obligation to maintain a child is the paramount wish of a father and he cannot be permitted to limit the same on flimsy or baseless Grounds. Special Judge Deepak Wason also observed that while it is the statutory duty of the husband to maintain his wife and minor child, he cannot …

Daughter Can Question Father's Second Marriage, Bombay HC Rules after Quashed Family Court Plea
4 years ago

Daughter Can Question Father's Second Marriage, Bombay HC Rules after Quashed Family Court Plea

News 18  

A Bombay Court ruled on Thursday that a child can rightfully question the marriages of their parents by approaching the Family Court. The verdict was given by a division bench of Justice RD Dhanuka and Justice VG Bisht while quashing a Family Court’s order dismissing a plea filed by a 66-year-old daughter who had questioned the second marriage of her …

Delhi High Court Allows Adult Hindu Girl To Return With Parents Who Left Home With Muslim Man
4 years, 2 months ago

Delhi High Court Allows Adult Hindu Girl To Return With Parents Who Left Home With Muslim Man

Live Law  

A division judge bench of Justice Vipin Sanghi and Rajnish Bhatnagar of the Delhi High Court today allowed an adult Hindu girl, who had eloped from her home with her Muslim boyfriend, to return home - while granting her protection and on the condition that her parents would take full responsibility of her education. In the hearing before the Court …

Preferences & Inclinations Of Child Are Important In Determining Issue Of Parental Custody : Supreme Court [Read Judgment]
4 years, 4 months ago

Preferences & Inclinations Of Child Are Important In Determining Issue Of Parental Custody : Supreme Court [Read Judgment]

Live Law  

The Supreme Court, in a judgement pertaining to transnational custody of child, relied upon Section 17 of the Guardian and Wards Act, 1890 which states that the Court can consider the preferences of the minor if he/she is old enough to form an intelligent preference. "As per Section 17, the preferences and inclinations of the child are of vital importance …

Matrimonial dispute: HC directs woman to enable children to meet father via videoconferencing
4 years, 10 months ago

Matrimonial dispute: HC directs woman to enable children to meet father via videoconferencing

The Hindu  

In an ongoing matrimonial dispute, a single Bench of the Bombay High Court has directed a woman to make necessary arrangements to enable her two children to meet their father via videoconferencing during the lockdown. The woman filed a petition on August 22 last year requesting the family court to intervene and interview the children to ascertain their willingness to …

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 …

SC Issues Notice On Plea Challenging Provisions Allowing Exclusive Custody Of Child To One Of The Parents
5 years, 4 months ago

SC Issues Notice On Plea Challenging Provisions Allowing Exclusive Custody Of Child To One Of The Parents

Live Law  

A London based NRI woman has moved the Supreme Court through a Public Interest Litigation, seeking re-visit of country's all personal laws with regard to the custody of child in matrimonial disputes. According to the petition, the legal provisions which currently exist as per various personal laws are in the nature of entrusting the custody of children exclusively to one …

Child Has Right To The Affection Of Both His Parents, Says SC [Read Order]
5 years, 5 months ago

Child Has Right To The Affection Of Both His Parents, Says SC [Read Order]

Live Law  

A child has a right to the affection of both his parents, the Supreme Court remarked while considering a special leave petition filed by a father.Though it refused to interfere with the family court order granting custody of the child to the mother, the bench of Justice Deepak Gupta and Justice Surya Kant directed the Family Court to ensure that …

Child's Ties With Father Should Not Be Stopped For All Times: Delhi HC Allows Visitation Rights To Father Despite Settlement Agreement To The Contrary [Read Order]
6 years, 3 months ago

Child's Ties With Father Should Not Be Stopped For All Times: Delhi HC Allows Visitation Rights To Father Despite Settlement Agreement To The Contrary [Read Order]

Live Law  

The Delhi High Court recently granted visitation rights to the father of a four-year-old girl, despite the fact that the settlement agreement between the girl’s parents did not allow for any contact between her and her father.In doing so, Justice Najmi Waziri emphasised on the importance of a child being under the care and concern of the mother as well …

Husband Can’t Complain Of Wife’s Visits To Parents’ Home: Delhi HC [Read Judgment]
7 years, 3 months ago

Husband Can’t Complain Of Wife’s Visits To Parents’ Home: Delhi HC [Read Judgment]

Live Law  

A wife is certainly entitled to visit her parents’ home and such a visit per se cannot be the reason for a husband to complain, the bench said.The Delhi High Court has refused to grant divorce to a man who complained of his wife’s frequent visits to her parental home.A wife is certainly entitled to visit her parents’ home and …

Children Are The Real Sufferers In Matrimonial Disputes:Delhi HC Calls For Suggested Guidelines [Read Petition]
7 years, 6 months ago

Children Are The Real Sufferers In Matrimonial Disputes:Delhi HC Calls For Suggested Guidelines [Read Petition]

Live Law  

When it comes to matrimonial disputes, children are the real sufferers. So has been observed by courts in various judgments.The Delhi High Court had recently lamented how children are used as tools of vengeance by disputing parents and how it is a child's fundamental right to get love of both the parents. The Delhi High Court had recently lamented how …

Delhi High Court seeks govt reply on plea to fast-track child custody cases
7 years, 6 months ago

Delhi High Court seeks govt reply on plea to fast-track child custody cases

Firstpost  

The plea claims that there has been a paradigm shift in matrimonial cases mostly impacting children who largely bear the brunt of the custody fight between parents. New Delhi: The Delhi High Court has sought the Centre’s response on a PIL seeking direction to formulate guidelines for expeditiously resolving issues of custody and maintenance concerning minors arising from the now …

Delhi HC Refuses To Recall Order Quashing Sexual Harassment Case On The Ground Of Settlement [Read Judgment]
8 years ago

Delhi HC Refuses To Recall Order Quashing Sexual Harassment Case On The Ground Of Settlement [Read Judgment]

Live Law  

No details have been stated as to how and at what time and in what manner she was coerced into settling the matter, the court said.The Delhi High Court has refused to recall its order quashing a criminal case against a person accused of sexually harassing a lady.Two years ago, the high court had quashed the case against the accused …

Delhi HC Refuses To Recall Order Quashing Sexual Harassment Case On The Ground Of Settlement [Read Judgment]
8 years ago

Delhi HC Refuses To Recall Order Quashing Sexual Harassment Case On The Ground Of Settlement [Read Judgment]

Live Law  

No details have been stated as to how and at what time and in what manner she was coerced into settling the matter, the court said.The Delhi High Court has refused to recall its order quashing a criminal case against a person accused of sexually harassing a lady.Two years ago, the high court had quashed the case against the accused …

Parent’s Visitation Rights can’t be denied due to mere hesitation from Child: Delhi HC [Read Judgment]
8 years, 6 months ago

Parent’s Visitation Rights can’t be denied due to mere hesitation from Child: Delhi HC [Read Judgment]

Live Law  

Earlier, the Family Court of Karkardooma had limited the visitation timings of the father, Aditya Mahajan, to meet his son to one hour every first Monday of the month, after it found that the child was hesitant to be around his father. In a case concerning visitation rights of a parent, the Delhi High Court has said mere hesitation on …

Parent’s Visitation Rights can’t be denied due to mere hesitation from Child: Delhi HC [Read Judgment]
8 years, 6 months ago

Parent’s Visitation Rights can’t be denied due to mere hesitation from Child: Delhi HC [Read Judgment]

Live Law  

Earlier, the Family Court of Karkardooma had limited the visitation timings of the father, Aditya Mahajan, to meet his son to one hour every first Monday of the month, after it found that the child was hesitant to be around his father. In a case concerning visitation rights of a parent, the Delhi High Court has said mere hesitation on …

Delhi HC answers interesting question about ‘Child custody’ petitions [Read Judgment]
8 years, 7 months ago

Delhi HC answers interesting question about ‘Child custody’ petitions [Read Judgment]

Live Law  

Delhi High Court answering an ‘interesting question’ about ‘child custody’ proceedings, has held that a spouse who seeks custody of the children by moving a petition under Section 25 of the Guardians and Wards Act and obtains interim orders cannot withdraw the proceedings and continue to take benefit of the interim orders. In the instant case, mother had filed a …

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