MP HC grants newborn’s custody to mother, a minor rape survivor
1 day, 20 hours ago

MP HC grants newborn’s custody to mother, a minor rape survivor

Deccan Chronicle  

Bhopal: The Madhya Pradesh high court has granted custody of a newborn baby to his mother, a minor rape survivor, under guardianship of her parents when she prayed for it. Therefore, it is directed that custody of newly born child be given to her minor mother under guardianship of her parents”, the court observed. The minor rape survivor and her parents had earlier pleaded the court to grant permission to medically terminate her 32 weeks and six days old pregnancy despite the risk associated with it since she did not wish to carry the pregnancy. The court had earlier granted the permission for premature delivery/ termination of foetus of 32 weeks and six days of the minor rape victim, citing it as rare circumstances.

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History of this topic

Madhya Pradesh High Court Grants Custody Of New-Born To Minor Rape Survivor Under Guardianship Of Her Parents
2 days, 6 hours ago

Madhya Pradesh High Court Grants Custody Of New-Born To Minor Rape Survivor Under Guardianship Of Her Parents

Live Law  

In a recent ruling, the Jabalpur Bench of Madhya Pradesh High Court has granted the custody of a new-born baby to her mother, a minor rape survivor, under the guardianship of her parents. Therefore, it is directed that custody of newly born child be given to her minor mother under the guardianship of her parents.” In the present matter, an …

Victim Can't Be Compelled To Give Birth To Child Of Her Rapist: Chhattisgarh HC Allows Termination Of 24+ Weeks Old Foetus Of Minor
1 week, 5 days ago

Victim Can't Be Compelled To Give Birth To Child Of Her Rapist: Chhattisgarh HC Allows Termination Of 24+ Weeks Old Foetus Of Minor

Live Law  

The Chhattisgarh High Court on Thursday allowed the prayer of a minor rape victim for abortion of her 24 weeks 6 days old foetus and held that a victim/prosecutrix cannot be compelled to give birth to the child of her rapist. While emphasizing the right to bodily autonomy of the victim/petitioner, the Single Bench of Justice Bibhu Datta Guru observed …

MP HC Allows Minor Girl to Terminate 32-week Pregnancy, Caused by Rape
1 week, 5 days ago

MP HC Allows Minor Girl to Terminate 32-week Pregnancy, Caused by Rape

Deccan Chronicle  

Bhopal: The Madhya Pradesh high court has allowed a minor rape survivor to terminate her 32-week pregnancy citing her unwillingness to continue with it. A single bench of the court headed by Justice Avanindra Kumar Singh has taken note of the psychological trauma and medical implications for the minor while permitting the 16-year-old girl to medically terminate her 32-week pregnancy …

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor
4 weeks, 2 days ago

Madhya Pradesh HC Lays Procedure For Pregnancy Termination In Rape Cases, Pulls Up Trial Court For 'Cruel' Approach Towards Minor Survivor

Live Law  

In a plea concerning termination of over 20-week pregnancy of a minor girl who was stated to be gang raped, the Indore bench of the Madhya Pradesh High Court has given a detailed procedure to be followed by police authorities, district courts and high court registry in order to ensure timely legal and medical help. It is rather cruel for …

Supreme Court Upholds Natural Guardian's Right to Custody Of Child
4 months, 3 weeks 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 …

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
6 months 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 …

MP High Court Allows Termination Of Minor's Pregnancy After Her Parents Declare They Won't Turn Hostile In Rape Trial
6 months, 3 weeks ago

MP High Court Allows Termination Of Minor's Pregnancy After Her Parents Declare They Won't Turn Hostile In Rape Trial

Live Law  

The Madhya Pradesh High Court recently granted permission for the termination of a 14-year-old girl's pregnancy following a statement from her parents affirming that they would not turn hostile during the trial against the rape accused.A bench of Justice GS Ahluwalia also added that the victim would undergo an abortion at the risk and cost of the parents and that …

MP HC Allows Termination of Teen's Pregnancy, Directs Preservation of Foetus
6 months, 3 weeks ago

MP HC Allows Termination of Teen's Pregnancy, Directs Preservation of Foetus

Deccan Chronicle  

Jabalpur: The Madhya Pradesh High Court has allowed the termination of a 14-year-old girl's pregnancy who was allegedly kidnapped and raped a few months ago in the state's Singrauli district. In a recent order, Justice GS Ahluwalia said the "doctors, who will carry out the medical termination of pregnancy as well as the state government shall not be responsible and …

M.P. HC allows termination of teen’s pregnancy, directs preservation of foetus
6 months, 3 weeks ago

M.P. HC allows termination of teen’s pregnancy, directs preservation of foetus

The Hindu  

The Madhya Pradesh High Court has allowed the termination of a 14-year-old girl’s pregnancy who was allegedly kidnapped and raped a few months ago in the State’s Singrauli district. The court said the girl’s parents can take her daughter to the Chief Medical Health Officer of the District Hospital in Singrauli for the procedure. If the CMHO feels that the …

Continuing Pregnancy Of Woman Unable To Manage Herself Will Be Problematic In Future Life: MP High Court Grants Relief To Disabled Rape Survivor
7 months, 1 week ago

Continuing Pregnancy Of Woman Unable To Manage Herself Will Be Problematic In Future Life: MP High Court Grants Relief To Disabled Rape Survivor

Live Law  

Madhya Pradesh High Court has permitted the termination of a 17-year-old rape survivor's pregnancy at 29 weeks, subject to certain conditions, considering the peculiar circumstances involved. After a single judge bench of the High Court agreed with the Medical Board's Report disapproving termination of pregnancy on 06.05.2024, the survivor and her family took the recourse of writ appeal. In X …

MP high court allows medical termination of pregnancy of minor rape survivor
7 months, 3 weeks ago

MP high court allows medical termination of pregnancy of minor rape survivor

Hindustan Times  

The Jabalpur bench of the Madhya Pradesh high court has allowed medical termination of pregnancy of a minor rape survivor saying that court can’t remain a “silent spectator” to the agony of a minor. Division bench of chief justice Ravi Malimath and justice Vishal Mishra on Monday allowed the medical termination, five days after the single bench of the same …

'Educated People Expected to be Civilised Are Snatching Away 18-Month-Old Child': Madhya Pradesh HC Grants Custody to Mother
8 months, 1 week ago

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

News 18  

The Madhya Pradesh High Court, in a recent verdict, granted custody of an 18-month-old child to the mother, who approached the court with a writ of Habeas Corpus, alleging that her son was forcibly kept away from her by her husband and in-laws. The decision was delivered by a bench of Justice Rohit Arya and Justice Rajendra Kumar Vani, who …

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, 3 weeks 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, …

'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
11 months, 2 weeks 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 …

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 …

Allahabad HC Orders Medical Aid to Minor Rape Victim Who Filed Petition to End 28-Week Pregnancy
1 year, 4 months ago

Allahabad HC Orders Medical Aid to Minor Rape Victim Who Filed Petition to End 28-Week Pregnancy

News 18  

The Allahabad High Court on Wednesday directed that adequate medical facilities and ex-gratia payment under the scheme ‘Rani Laxmi Bai Mahila Samman Kosh’ be provided to the 15-year-old rape survivor who had approached the HC seeking permission to terminate her 28-week pregnancy. The bench of Justices Mahesh Chandra Tripathi and Prashant Kumar noted that the medical board, which examined the …

Allahabad HC Orders Medical Facility, Compensation For Minor Rape Survivor Seeking Abortion As Her Father Agrees To Keep Baby Till Adoption
1 year, 4 months ago

Allahabad HC Orders Medical Facility, Compensation For Minor Rape Survivor Seeking Abortion As Her Father Agrees To Keep Baby Till Adoption

Live Law  

The Allahabad High Court on Wednesday adequate medical facility and compensation for a 15-year-old year rape victim seeking to terminate her 29-week pregnancy after her father agreed to look after the newborn baby till adoption.The rape survivor had essentially moved the High Court seeking to terminate her pregnancy, however, looking at the medical report of the girl, which stated that …

'How Can You Force Rape Survivor to Undergo Pregnancy?' SC Allows Abortion Plea
1 year, 4 months ago

'How Can You Force Rape Survivor to Undergo Pregnancy?' SC Allows Abortion Plea

The Quint  

The Supreme Court, on Monday, 21 August, observed that compelling a woman to carry a child conceived through rape goes against the fundamental principles of the Constitution of India. The top court made this statement while granting approval for the termination of pregnancy for a 25-year-old rape survivor who had filed a plea. After 26 weeks, she approached the high …

Bombay High Court denies minor rape victim permission to abort 28-week-old fetus
1 year, 6 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 …

Bombay HC rejects petition by 15-year-old rape survivor to abort 28-week pregnancy
1 year, 6 months ago

Bombay HC rejects petition by 15-year-old rape survivor to abort 28-week pregnancy

The Hindu  

The Aurangabad Bench of the Bombay High Court recently rejected the petition of a 15-year-old rape survivor to abort her 28-week pregnancy, saying that the medical board opined the baby would be born alive and the life of the girl would also at risk. A medical board after examining the girl said even if the termination of pregnancy takes place …

Bombay HC Refuses Permission to 15-Year-Old Rape Victim to Abort Pregnancy at 28 Weeks
1 year, 6 months ago

Bombay HC Refuses Permission to 15-Year-Old Rape Victim to Abort Pregnancy at 28 Weeks

News 18  

Mumbai: The Aurangabad bench of the Bombay High Court has 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. A division bench of Justices R V Ghuge and Y G Khobragade in its order of June 20 said …

Gujarat HC Disallows Termination Of Minor Rape Survivor's 31-Week Pregnancy, Directs State Govt To Facilitate Delivery Of Child, Pay Compensation
1 year, 6 months ago

Gujarat HC Disallows Termination Of Minor Rape Survivor's 31-Week Pregnancy, Directs State Govt To Facilitate Delivery Of Child, Pay Compensation

Live Law  

The Gujarat High Court today refused to allow the termination of over 31-week pregnancy of a minor rape survivor in view of the MTP Board’s opinion that that termination of pregnancy is not advisable. The bench of Justice Samir J. Dave, however, did direct the state government to take necessary steps to extend all the facilities available as per the …

‘Other Family Members Can't Take Place Of Father, Mother’: P&H HC Upholds 3-Yr Old’s Interim Custody To Mother, Says Father May Not Have Ample Time
2 years ago

‘Other Family Members Can't Take Place Of Father, Mother’: P&H HC Upholds 3-Yr Old’s Interim Custody To Mother, Says Father May Not Have Ample Time

Live Law  

Upholding the grant of interim custody of a minor son to his mother, the Punjab and Haryana High Court recently observed that extended family members of the child can never take place of either the father or the mother, when it comes to taking care of the minor.The court was commenting on the father's argument that his parents and other …

Punjab and Haryana High Court Allows Minor Rape Victim's Plea For Termination Of Pregnancy Of 26 Weeks
2 years, 1 month ago

Punjab and Haryana High Court Allows Minor Rape Victim's Plea For Termination Of Pregnancy Of 26 Weeks

Live Law  

Allowing a 17-year-old rape victim to get her pregnancy of 26 weeks terminated at a hospital, the Punjab and Haryana High Court recently observed that the child, if born, would be a reminder of trauma and agony for the minor.Justice Vinod S. Bhardwaj in the ruling said, "As an unwanted child, the member is also likely to either live a …

MP High Court Holds Daughter & Father Guilty Of Contempt For Obtaining Abortion Order By Filing False Rape Case
2 years, 2 months ago

MP High Court Holds Daughter & Father Guilty Of Contempt For Obtaining Abortion Order By Filing False Rape Case

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently held a girl and her father guilty of obtaining an order for termination of pregnancy on the false pretext that the Prosecutrix was raped. Therefore, the prosecutrix "X" and her father "A" are held guilty of committing Contempt of Court. …Accordingly, the father of the prosecutrix "A" is held guilty of committing …

Why Should Our Newborn Go to Jail with Surrogate Mother, Biological Parents Ask Gujarat HC
2 years, 6 months ago

Why Should Our Newborn Go to Jail with Surrogate Mother, Biological Parents Ask Gujarat HC

News 18  

Biological parents of a newborn girl have moved the Gujarat High Court for her custody to ensure she does not end up in jail with her surrogate mother. In February, the pregnant surrogate was booked for kidnapping a child based on a complaint filed at the Gomtipur police station in Ahmedabad. The surrogate gave birth to the girl at Asarwa …

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, 8 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 …

'Felt humiliated': Minor rape survivor strangles her 40-day-old baby, held
3 years, 1 month ago

'Felt humiliated': Minor rape survivor strangles her 40-day-old baby, held

India Today  

A minor girl from Madhya Pradesh’s Damoh district, who is a rape survivor, has been taken into police custody for allegedly killing her 40-day-old baby, police said on Thursday. The girl soon developed medical complications and was admitted to the district hospital, where she gave birth to the baby on October 16. After confirmation of the death, doctors recommended an …

Baby kidnap case: Kerala HC postpones case to November 8 to await Anupama decision
3 years, 2 months ago

Baby kidnap case: Kerala HC postpones case to November 8 to await Anupama decision

Deccan Chronicle  

Kochi: The Kerala High Court on Wednesday postponed to November 8 the habeas corpus plea moved by Anupama S Chandran, daughter of a CPI local committee member, to get back her baby who had been put up for adoption by her parents last year without her knowledge. The high court had also said that a family court was seized of …

"Can't Say 15Yr Old Didn't Know Impact Of Her Actions; Went With Man & Gave Birth To Child": MP HC Grants Bail To POCSO Accused
3 years, 3 months ago

"Can't Say 15Yr Old Didn't Know Impact Of Her Actions; Went With Man & Gave Birth To Child": MP HC Grants Bail To POCSO Accused

Live Law  

The Madhya Pradesh High Court recently granted bail to a man booked under the Protection of Children from Sexual Offences Act, 2012 for allegedly raping a 15-year-old girl noting that the Girl, on her own, went with the accused and gave birth to a child as well. "It cannot be said that even though she may be 15 years of …

"System Laughing At Us": Gujarat HC Orders Release Of Rape Convict With Whom 'Victim' Willingly Married, Gave Birth To Children
3 years, 5 months ago

"System Laughing At Us": Gujarat HC Orders Release Of Rape Convict With Whom 'Victim' Willingly Married, Gave Birth To Children

Live Law  

The Gujarat High Court last week ordered the release of a rape convict on bail by suspending his sentence while noting that the alleged victim admitted that she, on her own, married, started living with him, and even gave birth to his two children. Calling it the glaring aspect of the matter, the Court noted that neither the mother nor …

In police station to file rape complaint, minor girl delivers baby in MP
3 years, 5 months ago

In police station to file rape complaint, minor girl delivers baby in MP

Hindustan Times  

A 14-year-old alleged rape survivor gave birth to a baby at a police station in Madhya Pradesh’s Chhindwara while filing her sexual assault complaint, an officer said. Purva Chaurasia, the officer said, “The girl along with a relative had come to their police station on Tuesday evening to file a complaint of rape against a teenager, who lives in her …

Not Permitting Mentally Challenged Rape Victim To Undergo Medical Termination Of Unwarranted Pregnancy Violative Of Her Bodily Integrity: MP HC
3 years, 5 months ago

Not Permitting Mentally Challenged Rape Victim To Undergo Medical Termination Of Unwarranted Pregnancy Violative Of Her Bodily Integrity: MP HC

Live Law  

The Madhya Pradesh High Court has recently observed that not permitting a rape victim, suffering from severe mental problems, to undergo Medical Termination of unwarranted pregnancy would be violative of her bodily integrity.Allowing medical termination of pregnancy of 23 year old rape victim survivor whose mental age was found to be that of a minor, being only 6 years, a …

Granting Bail May Reinforce The Notion That Pre-Natal Diagnostic Regulation Act Is Only A 'Paper Tiger': MP HC Denies Bail To Woman Accused Of Female Foeticide
3 years, 9 months ago

Granting Bail May Reinforce The Notion That Pre-Natal Diagnostic Regulation Act Is Only A 'Paper Tiger': MP HC Denies Bail To Woman Accused Of Female Foeticide

Live Law  

Calling for strict implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994, the Madhya High Court recently denied bail to a woman accused of female foeticide. A Single Bench of Justice Gurpal Singh Ahluwalia observed, "we find it imperative that no leniency should be granted at this stage as the same may reinforce the notion that the PC&PNDT Act …

Orissa HC Refuses Termination Of A Mentally-Challenged Rape Survivor's Pregnancy; Issues Slew Of Directions For State Govt. To Handle Similar Cases [Read Order]
4 years, 3 months ago

Orissa HC Refuses Termination Of A Mentally-Challenged Rape Survivor's Pregnancy; Issues Slew Of Directions For State Govt. To Handle Similar Cases [Read Order]

Live Law  

The Orissa High Court on Wednesday refused to allow the termination of the pregnancy of a physically and mentally-challenged rape survivor. The Single Bench of Justice Biswanath Rath was hearing the plea of a mother seeking permission for terminating the pregnancy of an unmarried, physically handicapped and mentally retarded daughter a rape victim under the provisions of The Medical Termination …

Gujarat HC Grants Custody Of Infant Twins To Their Mother Dismissing Allegations Of Affairs And Homosexual Relations Against Her As Irrelevant [Read Order]
4 years, 5 months ago

Gujarat HC Grants Custody Of Infant Twins To Their Mother Dismissing Allegations Of Affairs And Homosexual Relations Against Her As Irrelevant [Read Order]

Live Law  

The Gujarat High Court while granting a mother with the custody of her twin infants suggested that there must be some limit to the nature of allegations that can be put forth against a mother filing for the custody of her children so that they can be brought up in a decent environment. The Court considered the welfare of the …

MP HC Holds Open Court Hearing As Exception, Grants Toddler Boy's Custody To Mother, Seeing His Fondness For Her [Read Order]
4 years, 6 months ago

MP HC Holds Open Court Hearing As Exception, Grants Toddler Boy's Custody To Mother, Seeing His Fondness For Her [Read Order]

Live Law  

Holding the hearing in open court as an exception, the Madhya Pradesh High Court on Wednesday overruled a subordinate court's ruling granting custody of a three-year-old to the father, upon observing the boy's fondness for and attachment to the mother. "Though, this Court is deciding cases through video conferencing only, however, by making an exception, the case was heard in …

MP: Upset over not having son, mother kills newborn daughter
4 years, 10 months ago

MP: Upset over not having son, mother kills newborn daughter

India TV News  

A woman allegedly killed her two-day-old daughter in Madhya Pradesh's Shajapur district after being upset over not having a son, police said on Monday. Later, after reaching her parents' home in Ama Khoria village, the woman hit the newborn on her head and stomach with a sickle on Friday, Mohan Badodia police station in-charge Uday Singh Alawa said. The child, …

Father abducts toddler; Court grants guardianship to mother
5 years, 2 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 …

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