Shuttling Child Between Two Forums Causes Inconvenience And Is Detrimental To Child's Welfare: Kerala High Court In Custody Battle
3 days, 10 hours ago

Shuttling Child Between Two Forums Causes Inconvenience And Is Detrimental To Child's Welfare: Kerala High Court In Custody Battle

Live Law  

The Kerala High Court set aside an order issued by the Child Welfare Committee, which had directed the child to be produced before it without hearing the preliminary objections of the mother. The Court noted that the father filed a parallel petition before the Child Welfare Committee, while his original petition for custody was still pending before the Family Court. The husband filed another parallel petition before the Child Welfare Committee during the pendency of proceedings before the Family Court. The Court noted that the Child Welfare Committee issued an order directing the Station House Officer to produce the child, without even hearing the preliminary objections of the mother.

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History of this topic

No Question Of Estoppel Against A Party When Error Is Committed By Court Itself: Kerala High Court In Custody Dispute Case
1 month ago

No Question Of Estoppel Against A Party When Error Is Committed By Court Itself: Kerala High Court In Custody Dispute Case

Live Law  

While deciding a review petition pertaining to a custody dispute, the Kerala High Court said that a party is not estopped when the error is committed by the court itself. The mother also moved cross applications, which were dismissed by the family court and the father was allowed to take the child to Dubai subject to the visitation rights of …

Children's Courts Notified For Speedy Trial Of Offences, Jurisdiction Of Criminal Courts Conducting Trial Not Taken Away: Kerala High Court
1 month, 1 week ago

Children's Courts Notified For Speedy Trial Of Offences, Jurisdiction Of Criminal Courts Conducting Trial Not Taken Away: Kerala High Court

Live Law  

The Kerala High Court held that the Magistrate Court does not lose its jurisdiction to try criminal cases merely because the State Government has notified Children's Courts for the speedy trial of offences against children. However, the Court stated that it is proper that the offences be tried by the Children's Court.The state government issued a notification in 2009 made …

Post-Partum Depression Is Common, Temporary: Kerala HC Sets Aside Family Court's Order Granting Permanent Custody Of Child To Father
1 month, 1 week ago

Post-Partum Depression Is Common, Temporary: Kerala HC Sets Aside Family Court's Order Granting Permanent Custody Of Child To Father

Live Law  

The Kerala High Court set aside the orders of the Family Court granting permanent custody of a one-and-a-half-year-old daughter to the father on the prima facie finding that the mother was suffering from psychiatric disorders from her old medical records indicating post-partum depression. Snehalatha observed that the Family Court should not have granted permanent custody the daughter to the father …

Kerala High Court Calls For Long-Term Action Plan To Prevent Child Marriage Prevalent In Certain Communities Of Wayanad
1 month, 1 week ago

Kerala High Court Calls For Long-Term Action Plan To Prevent Child Marriage Prevalent In Certain Communities Of Wayanad

Live Law  

The Kerala High Court has directed the District Legal Services Authority, Wayanad to chalk out a long-term plan to increase awareness about negative aspects of child marriage and dissuading people from it. The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu passed this order in a Suo Motu proceedings initiated by the Court in 2016 on a …

Court Should Not Interfere With State Bar Council's Timeline For Enrolment Of Advocates: Kerala High Court
4 months, 2 weeks ago

Court Should Not Interfere With State Bar Council's Timeline For Enrolment Of Advocates: Kerala High Court

Live Law  

The Kerala High Court held that it cannot interfere with the timeline fixed by the Bar Council of Kerala for enrollment. The Court noticed that the Bar Council fixed the timeline based on the instructions of the Bar Council of India and the Court should not interfere with it. It was stated that based on these instructions, the Bar Council …

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 …

Kerala HC Grants Anticipatory Bail To Mother Who Allegedly Tried To Kill Her 14-Day-Old Baby Over Post-Delivery Mental Strain, Child's Custody Given To Father
10 months ago

Kerala HC Grants Anticipatory Bail To Mother Who Allegedly Tried To Kill Her 14-Day-Old Baby Over Post-Delivery Mental Strain, Child's Custody Given To Father

Live Law  

The Kerala High Court has granted pre-arrest bail to a mother who allegedly tried to kill her 14-day-old baby by putting then child in a bucket filled with water. Justice Sophy Thomas granted custody of the baby to the father for the time being since the mother was still undergoing psychiatric treatment post-delivery due to mental strain. Child Welfare Committee, …

Karnataka High Court Seeks Centre's Response On Plea To Frame 'Best Practices' For Determining Child Custody Matters
1 year, 1 month ago

Karnataka High Court Seeks Centre's Response On Plea To Frame 'Best Practices' For Determining Child Custody Matters

Live Law  

The Karnataka High Court on Monday issued notices to the Union and State Government on a suo-motu petition for guidelines to be followed while determining issues of child custody. However, courts are also confronted by cases of relocation, abandonment, neglect, abuse, mental health concerns, parents who are psychologically/financially/physically unfit to care for their children, other relatives such as grandparents/aunts/uncles/community members …

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

Punjab & Haryana High Court Refuses Permission To Terminate 33 Weeks Pregnancy Of Minor Rape Victim, Cites Threat To Life
1 year, 2 months ago

Punjab & Haryana High Court Refuses Permission To Terminate 33 Weeks Pregnancy Of Minor Rape Victim, Cites Threat To Life

Live Law  

Observing that abortion at such an advanced stage would "not only endanger the life of the minor victim but is likely to premature delivery of child", the Punjab & Haryana High Court has refused to direct termination of 33 weeks old pregnancy of a minor rape victim.The Medical board also opined that it will not be safe and would be …

Ex-Parte Order Of German Court Granting Custody To Mother Not Acceptable, Welfare Of Child Paramount: Karnataka High Court
1 year, 2 months ago

Ex-Parte Order Of German Court Granting Custody To Mother Not Acceptable, Welfare Of Child Paramount: Karnataka High Court

Live Law  

The Karnataka High Court has refused to accept an ex-parte order passed by a court in Germany, granting custody of a 9 year old child to his mother who resides there. However, the court rejected this contention saying “It is an ex parte order passed by the German Court whilst the child was in India.” Further it held “The Court …

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 …

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

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

India Today  

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

Where Parents Agree To Allow Child Custody To Either One Of Them, Court Can Intervene If Custody No Longer In Minor’s Welfare: Rajasthan High Court
1 year, 6 months ago

Where Parents Agree To Allow Child Custody To Either One Of Them, Court Can Intervene If Custody No Longer In Minor’s Welfare: Rajasthan High Court

Live Law  

The Rajasthan High Court has held that in cases where parties have agreed to allow the custody of the child with one of the parents, it should remain with that party alone, unless it is demonstrated that the same is no longer in the child’s welfare. The bench of Justices Vinod Kumar Bharwani and Manindra Mohan Shrivastava said: “In cases …

Lawyer Appeals Against Kerala High Court Decision Permitting Minor Girl Impregnated By Brother To Terminate Pregnancy, Says Social Complications No Ground
1 year, 6 months ago

Lawyer Appeals Against Kerala High Court Decision Permitting Minor Girl Impregnated By Brother To Terminate Pregnancy, Says Social Complications No Ground

Live Law  

A lawyer has approached the Kerala High Court for setting aside a Single Judge's decision allowing a 15 years old girl, impregnated by her brother, to terminatw the pregnancy.The Division Bench comprising the Acting Chief Justice S.V. Bhatti and Justice Basant Balaji on Thursday granted liberty to the appellant, Kulathoor Jaisingh, to move before the Single Judge both for impleading …

Kerala High Court allows minor, impregnated by brother, to terminate 7-month pregnancy
1 year, 7 months ago

Kerala High Court allows minor, impregnated by brother, to terminate 7-month pregnancy

India Today  

The Kerala High Court on Monday allowed a minor girl, who was impregnated by her brother, to terminate her 7-month pregnancy. A single bench of Justice Ziyad Rahman made the decision based on the report submitted by the medical board, constituted to examine the girl, continuation of the over 32-week pregnancy was likely to cause grave injury to the social …

Circulate NGO's Report On Shared Parenting In Child Custody Cases Among Judicial Officers: Gujarat High Court To Registrar General
1 year, 7 months ago

Circulate NGO's Report On Shared Parenting In Child Custody Cases Among Judicial Officers: Gujarat High Court To Registrar General

Live Law  

The Gujarat High Court on Thursday directed the Registrar General to circulate a report issued by the Child Rights Foundation in 2017, among the Judicial Officers so that while deciding child custody cases, the concerned judge can come to a right conclusion. The petitioner submitted that several High Courts have directed the judges who are dealing with child custody cases …

[Custody] Parents' Demands Can't Be Given Importance If Child Is Grown Up & Able To Take Rational Decision In Personal Matters: Kerala High Court
1 year, 10 months ago

[Custody] Parents' Demands Can't Be Given Importance If Child Is Grown Up & Able To Take Rational Decision In Personal Matters: Kerala High Court

Live Law  

The Kerala High Court on Wednesday observed that when a child is grown up and is capable of making rational decisions on his/her own, the court must not give too much importance to the demands of the parents' battling the custody of the child. The petitioner father had challenged the limited visitation rights that had been granted to him by …

Section 125 CrPC | Maintenance Must Be Granted From Date Of Filing Of Petition: Kerala High Court
2 years ago

Section 125 CrPC | Maintenance Must Be Granted From Date Of Filing Of Petition: Kerala High Court

Live Law  

The Kerala High Court recently held that a petitioner under Section 125 CrPC must be granted maintenance from the date of filing of petition and not just date of passing of order.Expressing shock at a Family Court's decision of granting maintenance from the date of order and not from the date of filing of petition, Justice A. Badharudeen said any …

Breaking: Madhu Lynching Case| Kerala High Court Upholds Special Court Order Cancelling Bail To 11 Accused
2 years, 3 months ago

Breaking: Madhu Lynching Case| Kerala High Court Upholds Special Court Order Cancelling Bail To 11 Accused

Live Law  

The Kerala High Court on Monday dismissed the appeals challenging a Special Court's order cancelling the bail granted to 11 accused persons in case of lynching of a tribal youth in February 2018. The Court in the instant case ascertained that the following important questions arose before it for consideration: Firstly, whether the Court of Session, in the exercise of …

Child's Convenience To Be Given Preference While Transferring Petitions Filed For Custody: Kerala High Court
2 years, 4 months ago

Child's Convenience To Be Given Preference While Transferring Petitions Filed For Custody: Kerala High Court

Live Law  

The Kerala High Court has ruled that while transferring petitions filed for custody of children, the convenience of the child should be given preference particularly when the wife is abroad and appearing through a power of attorney. Observing so, Justice C.S Dias transferred all the pending cases between a couple to the court near the permanent residence of their child. …

Madras High Court Weekly Round-Up: March 14 To March 20, 2022
2 years, 9 months ago

Madras High Court Weekly Round-Up: March 14 To March 20, 2022

Live Law  

Wakf Board Meddling In Administration Of Nagore Dargah': Ad Hoc Board Of Administrators Files Affidavit Before Madras HC Case Title: The Adhoc Board of Administrators, Nagore Dargah Interim Adhoc Administrators v. Muhalli Muthavalli & Anr. : Madras HC 3-Judge Bench Refers To Larger Bench Case Title: Minor & Anr v. K Vijay A 3-Judge Bench of the Madras High Court …

Settlement Via Marriage Not A Ground To Quash Proceedings Against Rape Accused Under POCSO: Kerala High Court
3 years, 2 months ago

Settlement Via Marriage Not A Ground To Quash Proceedings Against Rape Accused Under POCSO: Kerala High Court

Live Law  

In a significant ruling, the Kerala High Court has held that a compromise of marriage between the parties is not a ground to quash the criminal proceedings against the accused under the provisions of POCSO.Justice V. Shircy while dismissing a petition under Section 482 of the Code of Criminal Procedure, remarked:"Rape is not only a very serious and inhumane offence …

Kerala High Court Comes To Aid Of Another Minor Rape Victim: Allows Termination Of Pregnancy
3 years, 3 months ago

Kerala High Court Comes To Aid Of Another Minor Rape Victim: Allows Termination Of Pregnancy

Live Law  

The Kerala High Court on Wednesday came to the assistance of another minor rape victim by allowing her father's petition and paving the way for her to undergo medical termination of her pregnancy which was a result of the sexual assault committed on her. The Government Pleader said that the permission of the Court was not required in the instant …

Kerala High Court Notifies Modified Sitting and Filing Arrangements [Read Notification]
3 years, 7 months ago

Kerala High Court Notifies Modified Sitting and Filing Arrangements [Read Notification]

Live Law  

The Kerala High Court has notified its modified filing process and sitting arrangements for the lockdown period. In addition to the e-filing mode prescribed earlier, advocates have been allowed the option of filing cases physically in the event they find it extremely difficult to file cases through e-filing mode. Other highlights of the Notification Notice to the party respondent shall …

Kerala High Court Quashes POCSO Charges Against Man After His Marriage To The Survivor
3 years, 7 months ago

Kerala High Court Quashes POCSO Charges Against Man After His Marriage To The Survivor

Live Law  

In two cases, the Kerala High Court quashed charges of sexual assault against a 22-year-old man in light of his subsequent marriage to the prosecutrix. In the first case, a Bench comprising of Justice K Haripal recently quashed a chargesheet filed by the police in February 2019 charging the man with sexual assault and other charges under the Indian Penal …

Kerala High Court Issues Directions On How Family Courts Are To Adjudicate Cases Involving Extra Judicial Modes Of Divorce At The Instance Of Wife Under Muslim Law
3 years, 8 months ago

Kerala High Court Issues Directions On How Family Courts Are To Adjudicate Cases Involving Extra Judicial Modes Of Divorce At The Instance Of Wife Under Muslim Law

Live Law  

While upholding the validity of the extra judicial modes of divorce for women, the Kerala High Court recently issued directions to Family Courts on the course to follow while adjudicating cases that involved these methods. The Court directed that in the matter of talaq, khula, mubaraat, talaq-e-tafwiz, the Family Courts shall entertain such applications moved by either of the parties …

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