Kerala High Court Dismisses Habeas Corpus Plea
1 year ago

Kerala High Court Dismisses Habeas Corpus Plea

Live Law  

The Kerala High Court today closed the Habeas Corpus petition filed by the father of Dr Akhila @ Hadiya alleging that his daughter had been missing since the last month and they were unable to contact her. A division bench comprising Justice Anu Sivaraman and Justice C. Pratheep Kumar observed that Hadiya is not under any illegal detention and thus the Habeas Corpus Petition was not maintainable. The Court dismissed the Habeas Corpus petition based on a statement submitted by Hadiya before the Court. The plea was moved by Advocates C.Rajendran, B.K.Gopalakrishnan and R.S.Sreevidya Background Facts The conversion of Akhila to Islam, following which she assumed the name Hadiya, had created news in 2017, after her father filed a habeas corpus petition in the Kerala High Court alleging that she was under coercion.

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History of this topic

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner
1 day, 4 hours ago

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner

Live Law  

While hearing a habeas corpus petition wherein a woman had claimed that her female partner had been detained by her parents, the Andhra Pradesh High Court while upholding the right of women to cohabit together said that the detenue was major and her family cannot restrain her from taking her own life decisions. The division bench of Justice R. Raghunandan …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
1 week, 3 days ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
1 week, 3 days ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Bombay High Court asserts autonomy of Hindu woman in interfaith relationship
1 week, 3 days ago

Bombay High Court asserts autonomy of Hindu woman in interfaith relationship

India Today  

The Bombay High Court said that a Hindu woman who has decided to marry a Muslim man not yet of marriageable age, will be allowed to make her own decision. The court also asserted that there is no question of anyone gaining custody of the woman, who is currently housed at a shelter home in Mumbai. The advocate also submitted …

Minor Son Brought To India By Mother In 2018 Is US Citizen, Illegal Migrant In India: Rajasthan HC Allows Father's Habeas Corpus Plea
2 weeks, 3 days ago

Minor Son Brought To India By Mother In 2018 Is US Citizen, Illegal Migrant In India: Rajasthan HC Allows Father's Habeas Corpus Plea

Live Law  

The Jaipur bench of the Rajasthan High Court allowed a habeas corpus plea filed by the father of a minor child was born and earlier residing in the US, was brought to India by his mother in 2018 and had not returned even after expiration of his visa, ruling that the child shall be considered an illegal migrant in India. …

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court
3 months ago

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that a habeas corpus plea seeking the release of the accused, who is in judicial custody by virtue of an order passed by a court of competent jurisdiction, and, whose regular bail application has also been dismissed by the trial Court concerned, is not maintainable.Justice Kuldeep Tiwari refused to entertain the habeas …

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court
3 months, 2 weeks ago

Habeas Corpus Petitions Can't Be Allowed To Become Infructuous Due To Pendency Outlasting Period Of Detention: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court ruled that a habeas corpus writ petition cannot be dismissed solely because the period of preventive detention has expired during the pendency of the case. Justice Rahul Bharti, while adjudicating the case, stated: "A habeas corpus writ petition cannot be allowed to suffer self-abortion because of its pendency outlasting the prescribed period …

"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband
3 months, 2 weeks ago

"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband

Live Law  

Observing that "the identity and autonomy of an adult woman are not defined by her relationships or familial obligations", the Punjab & Haryana High Court has rejected the habeas corpus plea of a father who sought custody of his 30-year-old daughter, allegedly for sending her back to her matrimonial home.Justice Manjari Nehru Kaul said, "the Constitution safeguards her right to …

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

Rajasthan High Court Grants Custody Of 2-Yr-Old Child To Widow Who Was Accused Of Abetting Husband's Suicide By In-Laws

Live Law  

Rajasthan High Court allowed a habeas corpus petition filed in relation to a 2-year-old by a widowed mother, accused of abetting the suicide of her husband by in-laws. The division bench of Justice Inderjeet Singh and Justice Bhuwan Goyal ruled that mother being the natural guardian and in sound financial position as opposed to the respondent-grandparents was entitled to the …

Supreme Court asks Kerala to clarify the number of witnesses left to be examined in the 2017 actor sexual assault case
3 months, 3 weeks ago

Supreme Court asks Kerala to clarify the number of witnesses left to be examined in the 2017 actor sexual assault case

The Hindu  

The Supreme Court on Tuesday asked the State of Kerala to confirm the number of witnesses waiting to be examined in a case of sexual assault of a Malayalam actress inside a moving car in 2017. A Bench headed by Justice A.S. Oka sought the information from the State while hearing a plea for bail by the main accused, Sunil …

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13
4 months, 2 weeks ago

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13

The Hindu  

The Kerala High Court on Wednesday reserved its verdict on a writ petition challenging the State Information Commission’s order directing the Kerala government to make public the Justice K. Hema Committee report on women’s working conditions in the Malayalam film industry with limited redactions. The Kerala Women’s Commission and the Women in Cinema Collective, which were impleaded in the case, …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
5 months ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024
5 months, 1 week ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024

Live Law  

Nominal Index: Mehraj ud din Andrabi Vs Zia Darakshan 2024 LiveLaw 180 Yawar Ahmad Malik Vs UT of J&K 2024 LiveLaw 181 Fayaz Ahmad Wani Vs Mst Hameeda 2024 LiveLaw 182 MAHANT GANESH DASS JI V/s STATE OF JK AND ANOTHER 2024 LiveLaw 183 Rajinder Kumar and others Vs UT of J&K 2024 LiveLaw 184 Judgments/Orders: Dismissal Of Complaint For …

Kerala High Court Declines Minor Girl's Plea Seeking Pilgrimage To Sabarimala Temple Due To Issues Pending Before SC's Larger Bench In Review Petition
6 months, 1 week ago

Kerala High Court Declines Minor Girl's Plea Seeking Pilgrimage To Sabarimala Temple Due To Issues Pending Before SC's Larger Bench In Review Petition

Live Law  

The Kerala High Court today dismissed the writ petition of a 10-year-old minor girl who invoked its writ jurisdiction under Article 226 of the Constitution of India seeking a declaration that she was entitled to have a pilgrimage to Sabarimala Temple during the Mandala Pooja/Makaravilakku season of 1199 ME without insisting on upper age qualification. The writ petition was filed …

Savukku Shankar’s mother moves High Court challenging his detention under Goondas Act
7 months ago

Savukku Shankar’s mother moves High Court challenging his detention under Goondas Act

The Hindu  

YouTuber ‘Savukku’ Shankar, alias A. Shankar’s mother A. Kamala has filed a habeas corpus petition in the Madras High Court challenging an order passed by the Greater Chennai Commissioner of Police on May 12 detaining her son under the Goondas Act, 1982. The petitioner had also filed another writ petition, seeking an inquiry by the National Human Rights Commission into …

Plea Alleging Cruelty During Marriage Not Maintainable After Divorce: Andhra Pradesh High Court
7 months ago

Plea Alleging Cruelty During Marriage Not Maintainable After Divorce: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that when a marriage has already been dissolved, a petition under 498A and section 3 of the Dowry Prohibition Act is not maintainable. The order was passed in a criminal revision petition filed by the accused and his parents challenging the dismissal order passed against their discharge petitions in a criminal case filed …

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]
8 months ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]

Live Law  

Citations 2024 LiveLaw 240 to 2024 LiveLaw 255 Arbitration and Conciliation Act 1996 Arbitration and Conciliation Act 1996; Section 78 – Arbitration clause – Two-Contract Case – When the parties enter into a contract, making a general reference to another contract, such general reference would not have the effect of incorporating the arbitration clause from the referred document into the …

Plea In Kerala High Court Seeks Formulation Of Welfare Measures For NRIs To Ensure Legal Representation In Foreign Courts
8 months ago

Plea In Kerala High Court Seeks Formulation Of Welfare Measures For NRIs To Ensure Legal Representation In Foreign Courts

Live Law  

A plea has been moved before the Kerala High Court seeking a direction to the Union Government and State Government for the formulation of welfare measures to ensure legal representation of Non-Resident Indians in foreign courts. The Court in UAE granted divorce without giving an opportunity of hearing to the petitioner and gave joint custody to the parties without considering …

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act
8 months, 2 weeks ago

Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act

Live Law  

The Kerala High Court has admitted a plea moved by a 24-year-old woman seeking directions from the Court to the legislature to incorporate provisions to ensure the execution of orders passed under the Protection of Women from Domestic Violence Act, 2005. The plea was moved on behalf of the woman by the Victim Rights Centre attached to the High Court …

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court
9 months, 3 weeks ago

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court

Live Law  

The Kerala High Court has stated that successive habeas corpus petitions are maintainable if fresh grounds are raised, however, a successive habeas corpus petition challenging the same detention order is not maintainable before the same court even on fresh grounds. A second habeas corpus writ was filed by the petitioner-wife of detenu before the High Court challenging the very same …

Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background
10 months, 1 week ago

Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background

Live Law  

The Punjab and Haryana High Court has commuted the death sentence imposed on a man convicted for raping his own minor daughter, considering that he belonged to a marginalised part of the society.A division bench of Justice GS Sandhawalia and Justice Lapita Banerji said, "No doubt that the act as such is horrific and there can be no sympathy shown …

SC orders immediate release of 25-year-old woman detained by her parents
11 months ago

SC orders immediate release of 25-year-old woman detained by her parents

Hindustan Times  

Even a single day is one day too many when liberty of a person is involved, the Supreme Court held on Wednesday as it ordered immediate release of a 25-year-old woman illegally detained by her parents to stop her from being with a man of her choice and pursue a career in Dubai. On January 3, the Supreme Court bench …

Kerala High Court Annual Digest 2023: Criminal Law
11 months, 1 week ago

Kerala High Court Annual Digest 2023: Criminal Law

Live Law  

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption Case Case Title: T. A. Abdul Sathar v. The State of Kerala and Ors. v. State of Kerala Citation: 2023 LiveLaw 120 The Kerala High Court dismissed the bail application of Sunil N.S., also known as 'Pulsar Suni', the main accused …

Kerala High Court Annual Digest 2023: Part II [Citations 256-511]
11 months, 3 weeks ago

Kerala High Court Annual Digest 2023: Part II [Citations 256-511]

Live Law  

Nominal Index Citations Arumughom Achari Ranganathan Achari & Ors v. Rajamma Sarojam & Ors., 2023 LiveLaw 256 A single bench of Justice Viju Abraham referred to Section 22C of the Legal Services Authorities Act,1987, Regulation 33 of the Kerala State Legal Services Authority Regulation, 1998 and Regulation 17 of the National Legal Services Authority Regulations, 2009 to conclude that both …

Mother Entitled To Custody Of Male Child Until He Completes Age Of 7 Years As Per Muslim Law: Allahabad High Court
1 year ago

Mother Entitled To Custody Of Male Child Until He Completes Age Of 7 Years As Per Muslim Law: Allahabad High Court

Live Law  

The Allahabad High Court has observed that according to the Mohammedan Law, a mother is entitled to custody of a male child until he completes the age of 7 years.The bench of Justice Karunesh Singh Pawar observed thus while allowing a habeas corpus filed by the mother of the detenue-Takbeer Khan, aged about 3 years and 7 months. The Allahabad …

Hadiya’s father moves court again, this time alleging ‘illegal detention’
1 year ago

Hadiya’s father moves court again, this time alleging ‘illegal detention’

Hindustan Times  

The father of Hadiya, the Kerala woman whose religious conversion and subsequent marriage to a Muslim man five years ago had reached the doors of the Supreme Court and stirred conversations around a woman’s right to choose her partner, approached the Kerala high court on Friday claiming that his daughter is being illegally detained by her husband. The Supreme Court …

Kerala High Court Directs Removal Of Female Litigant's Name, Details From Court Website, Says It Affected Her Reputation And Dignity
1 year ago

Kerala High Court Directs Removal Of Female Litigant's Name, Details From Court Website, Says It Affected Her Reputation And Dignity

Live Law  

The Kerala High Court on Wednesday passed an interim order directing the Registry to remove name and details of a lady published on the court's website in connection with a matrimonial appeal, as it affected her reputation and dignity. Action in this regard shall be intimated to this Court in due course.” The petitioner, a well-known dentist in the Middle …

Kerala HC allows 80-yr-old woman to be reunited with 92-year-old husband suffering from dementia
1 year, 2 months ago

Kerala HC allows 80-yr-old woman to be reunited with 92-year-old husband suffering from dementia

Hindustan Times  

Kochi: The Kerala high court recently allowed an 80-year-old woman to be reunited with her nonagenarian husband who was suffering from dementia, observing that the right of the wife of a senior citizen for his custody and consortium is “inviolable and absolute”. A single bench of the Kerala high court, in a ruling on October 6, accepted the writ petition …

[S.15A SC/ST Act] Victim Need Not Be Put To Notice Of Habeas Corpus Plea Moved By Accused Following Preventive Detention: Madras High Court
1 year, 2 months ago

[S.15A SC/ST Act] Victim Need Not Be Put To Notice Of Habeas Corpus Plea Moved By Accused Following Preventive Detention: Madras High Court

Live Law  

The Madras High Court has made it clear that the habeas corpus petition challenging the preventive detention of a person who is accused of committing offences under the Schedules Caste/Scheduled Tribe Act is not a 'connected proceeding' for the purposes of Section 15-A and of the Act. Court held that habeas corpus is a constitutional remedy available under Article 226 …

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim
1 year, 2 months ago

Kerala High Court Quashes Proceedings Under POCSO Act Following Marriage Of Accused & Victim

Live Law  

The Kerala High Court recently quashed the proceedings against a man who had been alleged of having committed offences under Sections 354 and 376 of the Indian Penal Code, and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012, on the ground that the parties were now married. Justice Gopinath P. observed, "The …

[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court
1 year, 3 months ago

[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court

Live Law  

The Kerala High Court recently lamented the condition of children caught in custody battles between their parents. "In the wrangling between the mother and the father, often interest of the children are not properly represented," said a Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas.The Court therefore made an unprecedented direction for appointment of. "In the wrangling …

Allahabad High Court on Order Of Judicial Remand And Habeas Corpus Petition
1 year, 3 months ago

Allahabad High Court on Order Of Judicial Remand And Habeas Corpus Petition

Live Law  

While dismissing a habeas corpus petition, the Allahabad High Court imposed a cost of Rs. It is a well accepted principles that a writ of Habeas Corpus is not to be entertained when a person committed to the judicial custody or the police custody by a competent court by an order, which prima facie does not appear without jurisdiction or …

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

Medical Intervention Alone Insufficient To Protect Autistic Child's Best Interest: Mother Moves Habeas Corpus Plea In Kerala HC Against Husband

Live Law  

The Kerala High Court is set to hear a habeas corpus plea filed by a mother seeking to be united with her 21 years old Autistic child who is presently in UAE under the custody of the father. “ The writ petitions proceed on two contentions that the medical intervention alone would not be sufficient to protect the welfare of …

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old
1 year, 4 months ago

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old

Live Law  

A plea has been moved in the Kerala High Court against the grant of anticipatory bail to a 57 years old man accused of sexually assaulting a minor aged 7 years. The Sessions Judge vide, its Order dated August 3, 2023, granted anticipatory bail to the accused on noting the delay caused in the registration of the case and that …

Supreme Court To Hear Tomorrow TN Minister Senthil Balaji's Plea Against Madras HC Order Allowing ED Custody
1 year, 5 months ago

Supreme Court To Hear Tomorrow TN Minister Senthil Balaji's Plea Against Madras HC Order Allowing ED Custody

Live Law  

The Supreme Court has listed for tomorrow, the pleas filed by Tamil Nadu Minister V Senthil Balaji and his wife, challenging the Madras High Court's judgment holding that the Directorate of Enforcement is entitled to take him into custody in connection with the cash-for-jobs scam. The petition also challenges the Madras High Court's view allowing the period of custody to …

Tamil Nadu Minister Senthilbalaji’s arrest | Third judge of Madras High Court rules in favour of Enforcement Directorate
1 year, 5 months ago

Tamil Nadu Minister Senthilbalaji’s arrest | Third judge of Madras High Court rules in favour of Enforcement Directorate

The Hindu  

Arrested Tamil Nadu Minister V. Senthilbalaji suffered a major setback at the Madras High Court on Friday, with Justice C.V. Karthikeyan, the third judge named by Chief Justice S.V. To get today’s top stories from the State in your inbox, subscribe to our Tamil Nadu Today newsletter here Justice C.V. Karthikeyan also held that the Directorate of Enforcement can subject …

Arrest of Senthil Balaji by ED: Madras High Court refers Habeas Corpus plea to larger bench
1 year, 5 months ago

Arrest of Senthil Balaji by ED: Madras High Court refers Habeas Corpus plea to larger bench

Op India  

The Madras High Court on Tuesday delivered a split verdict on the Habeas Corpus plea filed by the wife of Tamil Nadu minister Senthil Balaji against his arrest by the Enforcement Directorate last month in connection with a money-laundering case. While Nisha Banu concluded that the habeas corpus plea filed for Balaji’s release is maintainable and therefore be allowed, Justice …

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute
1 year, 5 months ago

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute

Live Law  

The Kerala High Court recently held that when a wife seeks transfer of a matrimonial case to a court of her convenience, it should ordinarily be allowed by the court. A division bench of Justice Anil K Narendran and Justice P G Ajithkumar passed the order relying on a catena of Apex Court decisions that held that the convenience of …

ED Questions Maintainability Of Habeas Corpus Plea Against Senthil Balaji’s Arrest, Tells Madras High Court ‘He Wasn’t Cooperating With Probe’
1 year, 5 months ago

ED Questions Maintainability Of Habeas Corpus Plea Against Senthil Balaji’s Arrest, Tells Madras High Court ‘He Wasn’t Cooperating With Probe’

Live Law  

Opposing the habeas corpus petition challenging Tamil Nadu minister Senthil Balaj’s arrest in the money laundering case, the Enforcement Directorate on Tuesday argued that the court cannot interfere in the matter in a habeas corpus plea when the trial court has held the custody to be not illegal. Mehta also argued that though executive actions can be challenged when they …

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

Interfaith Marriage: Gujarat High Court Rejects Mother's Plea For Custody Of Adult Daughter, Says Not Abducted Or Confined Illegally

Live Law  

The Gujarat High Court dismissed a habeas corpus plea of a woman seeking custody of her adult daughter, who is said to have willingly entered into a marriage with a Muslim man. "All the documents produced by the petitioner herself is clear to establish that she is major and entered into a marriage, of course with a person of her …

Doc in Preethi case appeals order
1 year, 6 months ago

Doc in Preethi case appeals order

Deccan Chronicle  

HYDERABAD: Justice M. Sudheer Kumar of the Telangana High Court on Wednesday issued notices to the Kaloji Narayana Rao University of Health Sciences and Kakatiya Medical College on a writ petition filed by suspended PG medical student Dr M.A. Habeas order given in baby’s case A two-judge bench of the Telangana High Court entertained a habeas corpus writ petition for …

Uttarakhand High Court Allows Married Lady To Stay With 'Friend', Declines Habeas Corpus Plea Moved By Husband
1 year, 6 months ago

Uttarakhand High Court Allows Married Lady To Stay With 'Friend', Declines Habeas Corpus Plea Moved By Husband

Live Law  

The Uttarakhand High Court, while declining to issue the writ of habeas corpus in favour of a husband, has allowed his wife to stay with her friend with whom she is residing on her own free will. Thus, he filed a writ petition in the High Court seeking issuance of a writ of habeas corpus to get back his wife. …

Kerala High Court Closes Woman's Habeas Corpus Plea Seeking Release Of Lesbian Partner From Parental Custody
1 year, 6 months ago

Kerala High Court Closes Woman's Habeas Corpus Plea Seeking Release Of Lesbian Partner From Parental Custody

Live Law  

The Kerala High Court on Monday closed the habeas corpus petition filed by a 21 year old woman seeking the release of her lesbian partner from the custody of her family.The Division Bench comprising Justice P.B. Sureshkumar and Justice Shoba Annamma Eapen closed the petition on taking note of the petitioner's partner's/ the alleged detenu's statement that she wished to …

T.N. Minister Senthilbalaji arrest | Madras High Court agrees to hear habeas corpus petition by Minister’s wife
1 year, 6 months ago

T.N. Minister Senthilbalaji arrest | Madras High Court agrees to hear habeas corpus petition by Minister’s wife

The Hindu  

The Madras High Court on Thursday, June 15, 2023 accepted a request made on behalf of Minister for Electricity, Prohibition and Excise V. Senthilbalaji’s wife, for an urgent hearing of a habeas corpus petition filed by her accusing the Enforcement Directorate of not having followed due procedure while arresting her husband early on Wednesday. To get today’s top stories from …

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

Mother Fails To Handover Child's Custody To Father Despite Judicial Order, Karnataka High Court Requires Her Employer To Hold Back Pay

Live Law  

The Karnataka High Court on Wednesday directed the Police to contact the employer of a woman who failed to handover custody of her minor child to her husband despite a judicial order, and ask the employer to hold back her pay. Court said not handing over custody of the minor child to father by the wife, even after orders are …

Biological parents of child given for adoption file habeas corpus plea in Bombay HC
1 year, 7 months ago

Biological parents of child given for adoption file habeas corpus plea in Bombay HC

India Today  

The Bombay High Court has granted five weeks' time to a Mumbai couple to get a stay from another bench of the high court on an order of the Mumbai Civil court, which had directed them to return their adopted child to its biological parents. The bench of Justices Revati Mohite Dere and Sharmila Deshmukh were hearing a habeas corpus …

Day After His Arrest, Punjab & Haryana HC Dismisses As 'Infructuous' Habeas Corpus Plea Pertaining To Amritpal Singh
1 year, 8 months ago

Day After His Arrest, Punjab & Haryana HC Dismisses As 'Infructuous' Habeas Corpus Plea Pertaining To Amritpal Singh

Live Law  

The Punjab and Haryana High Court today dismissed as infructuous, a habeas corpus plea moved before it seeking the production/release of alleged separatist leader and chief of 'Waris Punjab De' organization, Amritpal Singh, a day after he was arrested by Punjab Police in State's Moga district.The habeas plea was moved by one Imaan Singh Khara, legal advisor of 'Waris Punjab …

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’
1 year, 8 months ago

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’

Live Law  

Quashing a rape case on the basis of compromise between the accused and complainant, the Punjab and Haryana High Court said their married life cannot be disturbed for the sake of trial in the FIR. to prevent abuse of the process of any court or to secure the ends of justice.’ In the case in hand the petitioner and respondent …

High Court questions habeas corpus petition seeking child's custody
1 year, 8 months ago

High Court questions habeas corpus petition seeking child's custody

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court called upon a petitioner to explain how a habeas corpus petition was maintainable seeking child custody. Justice Shavili pointedly asked the petitioner to establish that the court can grant custody of a child in a habeas corpus petition. Jubilee Hills police asked to probe trespass of property Justice B. Vijaysen Reddy …

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