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 legal guardian of his minor son after his former wife remarried. The order was passed in a petition filed by the 40-year-old man challenging an order passed by the family court rejecting his application filed under the Hindu Marriage Act seeking modification of an earlier order granting joint custody of the minor boy to both parents. The High Court set aside the family court order and directed it to hear afresh the man’s application seeking modification of the consent terms pertaining to the custody of the minor child. The HC said while the family court was correct in holding that the father ought to have filed a petition under the Guardians and Wards Act to seek his appointment as legal guardian of the child, an application under the Hindu Marriage Act filed by the father seeking modification of the earlier order was also “perfectly tenable”.

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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

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father

Live Law  

Highlighting that a custody order, unless challenged or modified by a higher court, must be respected, the Jharkhand High Court upheld a family court's order granting custody of a minor boy to his father. The above ruling came in a writ petition filed by the father seeking recovery of his son claiming that his wife took away their child despite …

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, …

"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 …

Pune car crash: Bombay High Court to pass order on plea to release accused minor on June 25
6 months ago

Pune car crash: Bombay High Court to pass order on plea to release accused minor on June 25

The Hindu  

The Bombay High Court on June 21 queried if it amounted to confinement when the juvenile accused in the Pune Porsche case was granted bail but was taken back in custody and kept in an observation home. Questioning the powers of the Juvenile Justice Board that could have sent the minor to an observation home when he was already released …

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court
8 months ago

Family Courts Have Power To Modify Child Custody Orders If Situation Changes, Doctrine Of Res Judicata Not Applicable: Kerala High Court

Live Law  

The Kerala High Court has upheld an order of the Family Court which stated that in child custody matters, it is open to the parties to approach the court and seek modification of the order if there is any change of circumstances. The Family Court added that the order passed initially cannot be said to be final, stating that the …

Adultery no grounds to deny parental custody: Delhi High Court
10 months, 3 weeks 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 …

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 …

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, …

Child’s Age, Circumstances During Separation With Parent Relevant To Determine Its 'Intelligent Preference' While Appointing Guardian: Delhi HC
1 year, 3 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, 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 …

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 …

Bombay High Court denies minor rape victim permission to abort 28-week-old fetus
1 year, 5 months ago

Bombay High Court denies minor rape victim permission to abort 28-week-old fetus

India Today  

The Aurangabad bench of the Bombay High Court on Monday refused to permit a 15-year-old rape victim to abort her 28-week pregnancy as doctors have opined the baby would be born alive even if forcible delivery is performed at this stage. The high court bench expressed concerns that a forced delivery could result in the birth of an underdeveloped child …

Supreme Court Stays HC Direction Allowing Father To Take Custody Of Minor Girl From 'Adoptive' Parents
1 year, 5 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 …

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 Are Interlocutory Orders; Can't Be Made Rigid And Final: Patna HC
1 year, 7 months ago

Child Custody Orders Are Interlocutory Orders; Can't Be Made Rigid And Final: Patna HC

News 18  

The Patna High Court recently disposed of a civil miscellaneous application filed by the petitioner in a child custody matter against the order dated January 31, 2017, passed by family court, Patna, in which the husband had been directed to hand over the custody of the minor to the respondent/wife. The court said, “Custody orders are always considered interlocutory orders …

Child Custody Orders Not Rigid And Final, Capable Of Being Altered Keeping In Mind Needs Of Child: Patna High Court
1 year, 7 months ago

Child Custody Orders Not Rigid And Final, Capable Of Being Altered Keeping In Mind Needs Of Child: Patna High Court

Live Law  

The Patna High Court has said that the orders passed in cases of child custody cannot be made rigid and final and are capable of being altered, keeping in mind the needs of the child. The Principal Judge of the Family Court, in the impugned order, directed the wife to refund the money to the husband and ordered him to …

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 …

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl
1 year, 9 months 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 …

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 …

Dramatic scenes outside Bombay High Court during custody battle of an 11-year-old boy
1 year, 9 months ago

Dramatic scenes outside Bombay High Court during custody battle of an 11-year-old boy

India Today  

Around 3 pm, a sharp cry for help rang out inside the Bombay High Court where a boy was literally picked up by a man while the child struggled to wriggle out of his grip. READ | Bombay HC grants bail to MCOCA accused languishing in prison without trial for 5 yrs The Bombay High Court and then the Supreme …

'Rape victim minor but capable of understanding consequences of her act': Bombay HC grants bail to accused
2 years, 1 month ago

'Rape victim minor but capable of understanding consequences of her act': Bombay HC grants bail to accused

India Today  

The Bombay High Court has granted bail to a 21-year-old man who was accused of raping a 15-year-old girl last year in Mumbai. CASE BACKGROUND A case under relevant provisions of the Indian Penal Code and Protection of Children from Sexual Offences Act was lodged against the accused on April 29, 2021 by the victim's mother. READ | Bombay HC …

No Independent Right To Seek Custody U/S 25 Guardians & Wards Act Where Consent Decree Is Passed U/S 28 Special Marriage Act: P&H High Court
2 years, 3 months ago

No Independent Right To Seek Custody U/S 25 Guardians & Wards Act Where Consent Decree Is Passed U/S 28 Special Marriage Act: P&H High Court

Live Law  

".in terms of Section 38 of the Special Marriage Act, the respondent-husband has remedy to approach the said Court, which has passed the decree of divorce if any terms and condition were violated and, therefore, in view of the above mentioned two judgments, the petition filed by the respondent-father in terms of under Section 25 of the Guardianship and Wards …

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, 8 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 …

Supreme Court rejects bail plea of Maharashtra minister Nawab Malik in money laundering case
2 years, 8 months ago

Supreme Court rejects bail plea of Maharashtra minister Nawab Malik in money laundering case

Firstpost  

Malik was arrested by the ED over a property deal allegedly linked to the aides of gangster Dawood Ibrahim New Delhi: The Supreme Court on Friday refused to grant bail to Maharashtra cabinet minister and NCP leader Nawab Malik in a case of money laundering, saying the probe is at a nascent stage. On 15 March, 2022, the Bombay High …

Bombay HC upholds conviction of husband, in-laws in forced abortion case
2 years, 11 months ago

Bombay HC upholds conviction of husband, in-laws in forced abortion case

India Today  

The Aurangabad Bench of Bombay High Court recently observed that forcibly aborting the foetus of a woman amounts to cruelty, while upholding the order convicting her husband and in-laws for attempting to murder her. The observation came by the Bench of Justices VK Jadhav and SC More in partly allowing the appeal filed by the husband and his parents against …

Delhi High Court Orders Release Of Child In Conflict With Law, Incarcerated In Observation Home Despite Bail
3 years ago

Delhi High Court Orders Release Of Child In Conflict With Law, Incarcerated In Observation Home Despite Bail

Live Law  

The Delhi High Court on Wednesday directed the release of a child in conflict with law who was incarcerated in an observation home despite an order passed by the Juvenile Justice Board granting him bail. It was the case of the DCPCR that the child in conflict with law was granted bail by the JJ Board under Section 12 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 …

Adoption cannot be restricted to orphans, abandoned children: Bombay High Court
3 years, 5 months ago

Adoption cannot be restricted to orphans, abandoned children: Bombay High Court

India Today  

The Nagpur bench of the Bombay High Court has held that as per the provisions of the Juvenile Justice Act, adoption of children cannot be restricted only to orphaned, abandoned, surrendered children or those in conflict with the law, adding the law also permits adoption of children of relatives. The Yawatmal lower court had rejected their plea under the provisions …

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 …

Minor's consent a grey area: Bombay HC suspends prison term of 19-year-old convicted of raping cousin
3 years, 10 months ago

Minor's consent a grey area: Bombay HC suspends prison term of 19-year-old convicted of raping cousin

India Today  

Bombay High Court has suspended the order of 10 years’ rigorous imprisonment to a 19-year-old boy who was convicted of raping his minor cousin living with him. The court observed that a minor's consent is a legal grey area. After going through all the evidence, Justice Shinde said, "I am also conscious of the fact that consensual sex between minors …

Delhi High Court Grants Conditional Custody Parole To Ex Bihar MP Mohd. Shahabuddin To Meet Relatives
4 years ago

Delhi High Court Grants Conditional Custody Parole To Ex Bihar MP Mohd. Shahabuddin To Meet Relatives

Live Law  

The Bench of Justice Anup Jairam Bhambhani was hearing the plea of Shahabuddin who submitted that his father passed away recently; and in view thereof, he wishes to spend time with his grieving mother, who is herself, extremely unwell. Apex Court shifted him to Tihar Jail the Apex Court, in the exercise of its extraordinary judicial powers, shifted former Rashtriya …

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