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 and by the nature of such proceedings custody orders cannot be made rigid and final. The single-judge bench of Justice Sunil Dutta Mishra while hearing the application also said, “In the custody battles between the parents, the major sufferers are their children.” The petitioner and respondent got married on December 15, 2010, and on February 7, 2012, a girl child was born. On January 31, 2017, the family court directed the wife to refund Rs 5 lakh to the husband and he was directed to hand over the custody of the minor child to the respondent/wife.

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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, 4 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 …

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 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 …

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 …

Kids aren’t chattels, says Patna HC while granting girl’s custody to father
1 year, 8 months ago

Kids aren’t chattels, says Patna HC while granting girl’s custody to father

Hindustan Times  

The Patna high court has granted a six-year-old girl’s custody to her father saying “the welfare of the child prevails over legal rights of the parents” and that “children are not chattels or playthings for the parents”. which is pending adjudication.” The bench said the girl will be happier with her father but the situation is not irreversible and would …

Patna High Court Allows Termination Of Pregnancy Of A Minor Victim Of Sexual Abuse
2 years, 8 months ago

Patna High Court Allows Termination Of Pregnancy Of A Minor Victim Of Sexual Abuse

Live Law  

The Patna high Court recently allowed termination of pregnancy of a minor victim of sexual abuse. Justice Anil Kumar Sinha observed that a plain reading of the provisions of the Medical Termination of Pregnancy Act, 1971, shows that with the consent of pregnant woman or the guardian in case of minor, the pregnancy can be terminated by two registered Medical …

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 …

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