Can A Minor Child Choose To Stay With Someone Else Against Will Of Its Guardian? SC Expresses Its Reservation About Gujarat HC Observations [Read Order]
6 years, 9 months ago

Can A Minor Child Choose To Stay With Someone Else Against Will Of Its Guardian? SC Expresses Its Reservation About Gujarat HC Observations [Read Order]

Live Law  

The Supreme Court has expressed its reservation about some observations made by the Gujarat High Court with regard to choice of a minor child to stay with someone else other than its guardian, though it did not interfere with the order.A bench of Justice AK Sikri and Justice Ashok Bhushan said it is dismissing the Special Leave Petition as it is not inclined to go into the legal issue.The. The Supreme Court has expressed its reservation about some observations made by the Gujarat High Court with regard to choice of a minor child to stay with someone else other than its guardian, though it did not interfere with the order. Although we have some reservations in respect of the observations made by the High Court in the last portion of Para 9 of the impugned order.” Justice GR Udhwani of Gujarat High Court had made some observations in his order dismissing a revision petition against a magistrate order directing the grandparents of a child aged 7 years to deliver the custody to her mother. Upholding the magistrate’s order, the high court had made this observation: “Even if the minor voluntarily chooses to stay with some person other than his/her guardian, his custody cannot be retained anymore by that person against the will of the guardian.

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History of this topic

Karnataka High Court orders handing over of custody of 16-year-old boy to parents from grandmother and paternal aunts
6 days, 22 hours ago

Karnataka High Court orders handing over of custody of 16-year-old boy to parents from grandmother and paternal aunts

The Hindu  

The High Court of Karnataka has ordered handing over of custody of a 16-year-old boy to his parents from paternal grandmother and paternal aunts, who had claimed his permanent custody and his guardianship by alleging that parents were not caring for him, when, in fact, the parents had left him with them as companion to the aunts, who are unmarried, …

'Natural Guardian' Under Hindu Minority & Guardianship Act Can Act As 'Manager' Of Joint Family Properties For Herself & Minors: Bombay High Court
1 month ago

'Natural Guardian' Under Hindu Minority & Guardianship Act Can Act As 'Manager' Of Joint Family Properties For Herself & Minors: Bombay High Court

Live Law  

The Aurangabad bench of the Bombay High Court recently held that a natural guardian being the eldest member of a Hindu joint family can exercise powers to deal with the rights of the minors in the joint family, keeping in mind the aspect of legal necessity and benefit of the minor.Single-judge Justice Santosh Chapalgaonkar quashed and set aside the December …

Grandparents Cannot Have Better Claim Than Father For Child's Custody : Supreme Court
1 month, 2 weeks ago

Grandparents Cannot Have Better Claim Than Father For Child's Custody : Supreme Court

Live Law  

The Supreme Court recently allowed a father to get the custody of his child from maternal grandparents, observing that grandparents cannot have a better claim than the father, who is the natural guardian.A bench of Justices BR Gavai and K Vinod Chandran heard a father's appeal against the High Court's rejection of his habeas corpus petition. The Supreme Court recently …

One Parent Who Is Lawful Guardian If Takes The Child From Custody Of Other Parent, Wouldn't Amount To Kidnapping: Telangana HC Reaffirms
2 months, 2 weeks ago

One Parent Who Is Lawful Guardian If Takes The Child From Custody Of Other Parent, Wouldn't Amount To Kidnapping: Telangana HC Reaffirms

Live Law  

The Telangana high court on Wednesday reiterated that if a parent who is lawful guardian of the child, takes a child away from the custody of the other parent, it would not amount to kidnapping and does not call for registering an FIR under 137 of the BNS. Relying on an order passed by the Bombay High court in a …

Child's Ordinary Residence And Not Natural Guardianship Decides Which Court Will Have Jurisdiction In Custody Dispute: Punjab & Haryana HC
2 months, 2 weeks ago

Child's Ordinary Residence And Not Natural Guardianship Decides Which Court Will Have Jurisdiction In Custody Dispute: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High has said that the "ordinary residence of a child" or a ward would determine which court would have jurisdiction to decide the child's custody under the Guardianship & Wards Act. It further underscored that the "ordinary residence" of the child would determine the court's jurisdiction which can hear the custody case, and the "natural guardianship" …

[Kidnapping] Accused Cannot Be Held Guilty If Minor Girl Voluntarily Leaves Her Guardian: Punjab & Haryana High Court
3 months, 3 weeks ago

[Kidnapping] Accused Cannot Be Held Guilty If Minor Girl Voluntarily Leaves Her Guardian: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has made it clear that merely accompanying the minor after her departure or passive association is not sufficient to constitute the offence of kidnapping a minor from their lawful guardian.The Court upheld the acquittal of the accused in the case of kidnapping a minor girl, observing that it was a case of "consensual elopement, …

No 'Illegal' Detention: Gujarat High Court Rejects Pakistani Father's Plea For Custody Of Minor Son Brought To India By Mother
4 months, 2 weeks ago

No 'Illegal' Detention: Gujarat High Court Rejects Pakistani Father's Plea For Custody Of Minor Son Brought To India By Mother

Live Law  

The Gujarat High Court has rejected a plea filed by a Pakistani man seeking custody of his 4-year-old son, who allegedly was brought to India by his mother. In its judgement, a division bench comprising Justices Sangeeta K Vishen and Sanjeev J Thaker observed, “The minor Azlaan aged 4 years, is in the custody of his mother and hence, it …

Supreme Court Upholds Natural Guardian's Right to Custody Of Child
7 months, 1 week ago

Supreme Court Upholds Natural Guardian's Right to Custody Of Child

Live Law  

While granting custody of a minor daughter to her father, the Supreme Court observed that granting temporary custody of a minor child to a relative would not preclude the natural guardian from seeking custody of a minor child.After the unfortunate death of a minor's mother during COVID-19, the father had asked her sisters-in-law to take care of her minor daughter …

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

'Can't Be Left To Oppressor's Mercy': P&H High Court Allows Minor Rape Victim To Give Child In Adoption, Says Consent Of Biological Father Inconsequential
1 year, 1 month ago

'Can't Be Left To Oppressor's Mercy': P&H High Court Allows Minor Rape Victim To Give Child In Adoption, Says Consent Of Biological Father Inconsequential

Live Law  

Observing that mother being a "natural guardian of the illegitimate minor girl child cannot be left to the mercy of her oppressor," the Punjab & Haryana High Court has allowed the then 13 years old rape victim to give the child in adoption without the concurrence from the biological father.The dispute occurred when the registrar refused to register the adoption …

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 …

Single NRI Australian father gets custody of surrogate child
1 year, 4 months ago

Single NRI Australian father gets custody of surrogate child

Hindustan Times  

The Punjab and Haryana high court has granted guardianship of a four-year-old surrogate boy to a single NRI father living in Australia. The high court bench of justice Anupinder Singh Grewal ordered that the single NRI father would be the sole guardian of the child. In June 2022, the NRI father was refused visa by the Australian Embassy on the …

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

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

Live Law  

The Supreme Court has recently addressed the custody of two minor children in a Special Leave to Appeal. While granting the custody of the children to the maternal grandparents, a bench comprising Justice Abhay S. Oka and Justice Pankaj Mithal observed “the issue of custody of minor children cannot be decided on the basis of rights claimed by the rival …

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 …

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

Supreme Court Stays HC Direction Allowing Father To Take Custody Of Minor Girl From 'Adoptive' Parents

Live Law  

The Supreme Court, on Friday, stayed the order of Orissa High Court to the extent it directed restoration of custody of a minor girl child to her father. “There shall be an interim stay of the direction of the High Court directing the petitioners herein to handover custody of the minor child.to respondent No.2 until further orders.” A vacation Bench …

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 …

Proceedings For Guardianship, Custody Of Minor Lie Only Before Family Court: Karnataka High Court
1 year, 9 months ago

Proceedings For Guardianship, Custody Of Minor Lie Only Before Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that a proceeding in relation to the guardianship of a person or the custody of or access to any minor has to be filed before Family court and it cannot be filed before a district court or any subordinate civil court. The very proviso of Section 8 is very clear that no …

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, 10 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 …

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 …

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court
2 years, 5 months ago

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court

Live Law  

The Gujarat High Court, while dealing with a plea filed by the mother of a minor child, recently held that the habeas corpus petition is maintainable even in matters of child custody, provided that detention of the minor child by the other parent or others is proved to be illegal and without any authority of law.The court made the observation …

Court In Area Where Minor Ordinarily Resides Has Jurisdiction U/S 25 Guardians & Wards Act: Uttarakhand High Court
2 years, 6 months ago

Court In Area Where Minor Ordinarily Resides Has Jurisdiction U/S 25 Guardians & Wards Act: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has reiterated that an application with respect to the guardianship of a minor has to be made to the District Court having jurisdiction in the place where the "minor ordinarily resides". The Family court had dismissed the petition preferred by the appellant-father under Section 25 of the Guardians and Wards Act, 1890, in respect of his …

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, 6 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 …

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, 7 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 …

Mother being natural guardian can decide child's surname, says Supreme Court
2 years, 7 months ago

Mother being natural guardian can decide child's surname, says Supreme Court

India Today  

The Supreme Court on Thursday ruled that a mother who remarries after the death of her biological father can choose the surname of her child and include it in her new family. The bench of Justices Dinesh Maheshwari and Krishna Murari overturned an Andhra Pradesh High Court decision ordering a mother to change her child's surname and refer to her …

'Muslim mother cannot be the child's guardian', rules Kerala HC, says bound by Supreme Court precedents
2 years, 8 months ago

'Muslim mother cannot be the child's guardian', rules Kerala HC, says bound by Supreme Court precedents

Op India  

On Wednesday, the Kerala High Court said that it was bound by the precedents from the Supreme Court to observe that a Muslim woman cannot be the guardian of her minor child and the property. Though there is no bar in Quran or Hadith on a Muslim woman’s right to be a child’s guardian, the Court said that it was …

Muslim mother cannot be a guardian of minor children, rules Kerala HC
2 years, 8 months ago

Muslim mother cannot be a guardian of minor children, rules Kerala HC

New Indian Express  

KOCHI: A division bench of the Kerala High Court has observed that it cannot hold a Muslim woman can be the guardian of her minor child's property since it is bound by the precedents of the Supreme Court. Sudha observed that even though the personal law which prevents Muslim women from being guardians can be argued to be violative of …

Mother Has Preferential Right To Custody Of Minor Below 5 Yrs But Utmost Consideration Is Child's Welfare: P&H HC Rejects Habeas Corpus Against Father
2 years, 11 months ago

Mother Has Preferential Right To Custody Of Minor Below 5 Yrs But Utmost Consideration Is Child's Welfare: P&H HC Rejects Habeas Corpus Against Father

Live Law  

Punjab and Haryana High Court has dismissed a petition filed by the mother of a 3 year old, seeking issuance of a writ of habeas corpus to get the custody of the minor son from alleged illegal confinement of her husband and in-laws. Regarding the facts of the instant case, the court stated that the mother being a natural guardian …

Court Gives Custody of Orphan Girl to Transgender Mother in Gujarat’s Porbandar
3 years, 1 month ago

Court Gives Custody of Orphan Girl to Transgender Mother in Gujarat’s Porbandar

News 18  

Nileshkumar Bhaishankar Mehta, a transgender woman who works in the Mamlatdar office as Deputy Mamlatdar, had to fight a court battle to win the custody of his daughter. Later, Nilesh aka Bijal got married to Hemangi and when troubles started appearing in their marriage, Hemangi took the minor daughter of Nilesh, Mehak, to her father’s house. Sighting records and reasons …

Child welfare is supreme in custody cases, says Supreme Court
3 years, 2 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 …

Are Orders U/S 12 Of Guardians & Wards Act Appealable U/S 19 Of Family Courts Act? Delhi HC Refers Question To Larger Bench
3 years, 4 months ago

Are Orders U/S 12 Of Guardians & Wards Act Appealable U/S 19 Of Family Courts Act? Delhi HC Refers Question To Larger Bench

Live Law  

The Delhi High Court has referred to the larger bench the question as to whether an order passed under Section 12 of the Guardians and Wards Act, or any order dealing with aspects of visitation and custody during the pendency of proceedings, would be appealable under Section 19 of the Family Courts Act.Justice Vipin Sanghi and Justice Jasmeet Singh was …

Teenage Daughter Needs Mother To Share Issues Comfortably: Punjab And Haryana HC Upholds Daughter's Custody With Mother
4 years, 1 month ago

Teenage Daughter Needs Mother To Share Issues Comfortably: Punjab And Haryana HC Upholds Daughter's Custody With Mother

Live Law  

The Punjab & Haryana High Court last week observed that there are so many things that a daughter can't discuss with her father and as such mother is the best person to take care of her daughter at growing age. The matter before the Court The Father/Appellant of a 13-year-old daughter challenged the Judgment passed by the Family Court, Gurugram …

Parents Or Society Cannot Compel A Major Child To Live A Life On Their Terms: Punjab & Haryana High Court
4 years, 1 month ago

Parents Or Society Cannot Compel A Major Child To Live A Life On Their Terms: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court on Monday observed that parents cannot compel a child to live a life on their terms. Further, noting that " Parents cannot compel a child to live a life on their terms and that every adult individual has a right to live his or her life as he or she deems fit ", the …

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 …

Father abducts toddler; Court grants guardianship to mother
5 years, 5 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 …

Parents Not Grand Parents Are Best Guardians Of A Minor : Karnataka HC [Read Judgment]
5 years, 8 months ago

Parents Not Grand Parents Are Best Guardians Of A Minor : Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has said that "Parents rather than the grand parents are the best guardians of a minor child." A division bench of Justice B V Nagarathna and Justice K Natarajan in their order of July 3, said "Howsoever affectionate the maternal grand-parents may be and they may take every care to bring up the child, the same …

Not 'Statutory Rights Of Parents', But Welfare Of The Minor Paramount Consideration In Custody Battles: Karnataka [Read Order]
6 years, 2 months ago

Not 'Statutory Rights Of Parents', But Welfare Of The Minor Paramount Consideration In Custody Battles: Karnataka [Read Order]

Live Law  

While granting interim custody of a ten-year-old girl child to her father, the Karnataka High Court recently observed that it is not the "statutory rights of the parents" but the welfare of the child that needs to be given paramount consideration by courts while considering grant of custody. Justice B. Veerappa observed, "The provisions of Sections 7,9,12, 13, 17 and …

Father is natural guardian of child above 5 years
6 years, 5 months ago

Father is natural guardian of child above 5 years

Live Mint  

My son has two minor children. As per Section 30 of the Hindu Succession Act, 1956, a Hindu may dispose of by Will or other testamentary disposition, any property which is capable of being disposed of by him/her, in accordance with the provisions of the Indian Succession Act, 1925 or any other law for the time being in force applicable …

Not ‘Comfort’, But Overall Welfare Of The Minor Is The Sole And Predominant Criterion To Determine Custody: Tripura HC [Read Judgment]
6 years, 6 months ago

Not ‘Comfort’, But Overall Welfare Of The Minor Is The Sole And Predominant Criterion To Determine Custody: Tripura HC [Read Judgment]

Live Law  

“It is not the “comfort‟ alone is to be considered, but the overall welfare of the minor is the sole and predominant criterion to be determined for her better and descent growing both physically and mentally to lead quality and respectable life the society expects from a child.”The Tripura High court has observed that it is not the “comfort‟ alone …

A Major Entitled To Freedom Of Choice, Court Can’t Assume Role Of Super Guardian: SC [Read Order]
7 years, 2 months ago

A Major Entitled To Freedom Of Choice, Court Can’t Assume Role Of Super Guardian: SC [Read Order]

Live Law  

“A major is entitled to the freedom of choice. As long as the choice remains, the court cannot assume the role of the super guardian, moved by the sentiment of the mother or the egotism of the father,” observed the Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Friday.The bench was hearing …

Gujarat HC Raps Lower Court For Keeping Juvenile In Police Custody [Read Order]
7 years, 6 months ago

Gujarat HC Raps Lower Court For Keeping Juvenile In Police Custody [Read Order]

Live Law  

The Gujarat High Court recently rapped a lower Court for sending a juvenile delinquent to jail and treating him as an adult under the law, despite having been apprised of the fact of him being a juvenile.Terming the incident as “unfortunate”, Justice G.R. Udhwani observed, “It is unfortunate that the learned Judicial Magistrate First Class, Talod was unmindful of the …

10-yr-old awaits benefits after father’s death, mother asked to appoint herself as guardian
8 years, 5 months ago

10-yr-old awaits benefits after father’s death, mother asked to appoint herself as guardian

Hindustan Times  

A 10-year-old girl, whose father died in January 2015, still awaits family pension and other such benefits offered to a legal heir of a deceased employee by Punjab government. “Let superintendent grade-1, office of financial commissioner, Punjab civil secretariat, Chandigarh appear in person before the court on the next date of hearing to explain how he could insist on production …

Gujarat HC Chooses Engineer Wife Over Professor Husband As Minor Son’s Rightful Guardian [Read Order]
8 years, 5 months ago

Gujarat HC Chooses Engineer Wife Over Professor Husband As Minor Son’s Rightful Guardian [Read Order]

Live Law  

Merely because the respondent mother is serving, it cannot be assumed and/or presumed that she is not able to take care of the minor child. Therefore, merely because the respondent mother is working it cannot be presumed and/or presumed that she will not be in a position to take proper care of the minor child. the court said: “Merely because …

Gujarat HC Chooses Engineer Wife Over Professor Husband As Minor Son’s Rightful Guardian [Read Order]
8 years, 5 months ago

Gujarat HC Chooses Engineer Wife Over Professor Husband As Minor Son’s Rightful Guardian [Read Order]

Live Law  

Merely because the respondent mother is serving, it cannot be assumed and/or presumed that she is not able to take care of the minor child. Therefore, merely because the respondent mother is working it cannot be presumed and/or presumed that she will not be in a position to take proper care of the minor child. the court said: “Merely because …

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 …

Mother can also be natural guardian of a minor; do not insist for custody order: Madras HC to Immigration Bureau [Read Order]
8 years, 8 months ago

Mother can also be natural guardian of a minor; do not insist for custody order: Madras HC to Immigration Bureau [Read Order]

Live Law  

The Madras High Court, has asked the Bureau of Immigration to consider the application to register a minor child as “Overseas Citizen of India” and issue certificate without insisting upon custody order of guardianship in the hands of his mother from court of law, who had obtained divorce from his father.A. The Madras High Court, has asked the Bureau of …

Mother can also be natural guardian of a minor; do not insist for custody order: Madras HC to Immigration Bureau [Read Order]
8 years, 8 months ago

Mother can also be natural guardian of a minor; do not insist for custody order: Madras HC to Immigration Bureau [Read Order]

Live Law  

The Madras High Court, has asked the Bureau of Immigration to consider the application to register a minor child as “Overseas Citizen of India” and issue certificate without insisting upon custody order of guardianship in the hands of his mother from court of law, who had obtained divorce from his father.A. The Madras High Court, has asked the Bureau of …

Minor step-daughter not entitled to claim maintenance: Gujarat High Court [Read Jt]
9 years, 5 months ago

Minor step-daughter not entitled to claim maintenance: Gujarat High Court [Read Jt]

Live Law  

The High Court of Gujarat while exercising its supervisory jurisdiction quashed the order of the Family Court, Bhavnagar which directed the petitioner to pay a sum of Rs.3000 per month towards the interim maintenance of her minor step daughter.The State of Gujarat who was one of the Respondents unsuccessfully contended that if minor step children were denied such a right, …

Minor step-daughter not entitled to claim maintenance: Gujarat High Court [Read Jt]
9 years, 5 months ago

Minor step-daughter not entitled to claim maintenance: Gujarat High Court [Read Jt]

Live Law  

The High Court of Gujarat while exercising its supervisory jurisdiction quashed the order of the Family Court, Bhavnagar which directed the petitioner to pay a sum of Rs.3000 per month towards the interim maintenance of her minor step daughter.The State of Gujarat who was one of the Respondents unsuccessfully contended that if minor step children were denied such a right, …

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