Karnataka High Court Seeks Centre's Response On Plea To Frame 'Best Practices' For Determining Child Custody Matters
1 year, 4 months 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 claiming custody, etc.” The plea also points there is no uniformity in the definition of "natural guardian" across various personal laws and states that it is necessary for guidelines to take this into consideration and properly assess the psyche of the child prior to passing an order granting custody. “The guidelines may recommend how to correctly weigh the various other considerations that are placed before the court, and arrive at a conclusive solution that is best for the child, and fairest for the involved adults.The Child must not feel any form of parental alienation at the behest of an ongoing custody battle.The guidelines may incorporate such modern channels of communication into custody orders as well, rather than limiting relief to physical meetings," it says. Hence it is necessary for guidelines to ensure that the custodian is held accountable for the well being of the child.” Case Title: The High Court Of Karnataka And Union of Indian & ANR Case No: WP 24360/2023 Appearance: Amicus Curiae Dhyan Chinnappa a/w Advocate Nayana Tara B.G

Karnataka Court Guidelines Right Child Custody  determining  guidelines  best  child  custody  right  seeks  high  states  matters  plea  frame  custodian  response  practices  court  children  karnataka

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, 23 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, …

Make family courts child-friendly, says child rights panel
1 month ago

Make family courts child-friendly, says child rights panel

New Indian Express  

THIRUVANANTHAPURAM: Family courts should be made ‘child-friendly’ taking into account the huge physical, mental and emotional stress that children accompanying their parents undergo during the hearing of divorce petitions, the state child rights commission has recommended. The recommendation forms part of a study undertaken by the commission on the problems faced by children of couples undergoing divorce proceedings and the …

Suit Seeking Declaration Of Matrimonial Status Is To Be Adjudicated By Family Court: Karnataka High Court
1 month ago

Suit Seeking Declaration Of Matrimonial Status Is To Be Adjudicated By Family Court: Karnataka High Court

Live Law  

The Karnataka High Court has held that a suit relating to the declaration of a matrimonial status of any person would be a suit falling within the scope of Section 7 of the Family Courts Act and the family court would have jurisdiction to adjudicate them. Relying on the judgment of the High Court in the case of Bhuvaneshwari vs. …

Kerala High Court Emphasises Importance Of Careful Selection Of CWC Members Who Have Actively Been Involved With Issues Of Children In Past
1 month, 1 week ago

Kerala High Court Emphasises Importance Of Careful Selection Of CWC Members Who Have Actively Been Involved With Issues Of Children In Past

Live Law  

The Kerala High Court emphasized that the members of the Child Welfare Committee should have been actively involved with issues related to children namely their health, education or welfare activities before being appointed to the post. " The Court said that the experience of seven years can be counted only if the person was actively involved in measures relating to …

Odisha High Court gives girl child's custody to parents accused of kidnapping baby boy
1 month, 3 weeks ago

Odisha High Court gives girl child's custody to parents accused of kidnapping baby boy

New Indian Express  

CUTTACK: The Orissa High Court has ordered for the restoration of a girl child to her biological parents who are facing trial for kidnapping a baby boy from a hospital by abandoning her. The alleged kidnapping of a baby boy and abandonment of the girl child was reported from Balasore district headquarters hospital on April 4, 2024. While directing the …

What have you done so far for protection of child rights? Madras HC asks T.N., Puducherry govts
2 months ago

What have you done so far for protection of child rights? Madras HC asks T.N., Puducherry govts

The Hindu  

The Madras High Court on Thursday called for status reports from governments of Tamil Nadu and Puducherry on the steps taken by them to implement a slew of 15 directions issued by the Supreme Court in 2018 for effective implementation of the laws related to protection of child rights. Amicus Curiae T. Mohan and senior counsel Pragyan Sharma, representing Bachpan …

A Child's Voice In Corridors Of Indian Justice In Child Custody Cases
2 months, 3 weeks ago

A Child's Voice In Corridors Of Indian Justice In Child Custody Cases

Live Law  

Besides domestic Interparental child custody conflicts raging all over internally, a 30 million global Indians over the globe, have generated an immense spurt in intercountry, interparental child abduction both to and from India. The extra ordinary parens patriae constitutional jurisdiction of Indian Supreme Court and High Courts is invoked in the best interest and welfare of the removed child. This …

Shuttling Child Between Two Forums Causes Inconvenience And Is Detrimental To Child's Welfare: Kerala High Court In Custody Battle
3 months, 1 week 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. …

Bombay High Court asks Maharashtra child welfare panel to decide custody of teen sex trafficking survivor
4 months ago

Bombay High Court asks Maharashtra child welfare panel to decide custody of teen sex trafficking survivor

India Today  

The Bombay High Court has directed the Maharashtra Child Welfare Committee to decide the custody of a 15-year-old girl who was rescued from a prostitution ring. The Rescue Foundation argued that the father was complicit in forcing the girl into prostitution and alleged that the sessions court’s order was illegal, as it overstepped the jurisdiction of the Child Welfare Committee. …

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court
4 months, 2 weeks ago

Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court

Live Law  

While dismissing a man's plea challenging an order to maintain his daughters including a minor, the Karnataka High Court underscored that the father is "legally bound to maintain the daughters" and provide them with an "excellent education"even if they are living separately with his ex-wife. The trial court vide its order dated 07-03-2023, directed him to pay Rs.6,000 per month …

Kerala High Court Calls For Long-Term Action Plan To Prevent Child Marriage Prevalent In Certain Communities Of Wayanad
4 months, 2 weeks 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 …

Custody Application Of Minor Can Only Be Filed Before Court Having Jurisdiction Where Child Ordinarily Resides: Karnataka High Court
10 months, 1 week ago

Custody Application Of Minor Can Only Be Filed Before Court Having Jurisdiction Where Child Ordinarily Resides: Karnataka High Court

Live Law  

The Karnataka High Court recently held that an application seeking custody of a minor child has to be filed only before a court where the minor child ordinarily resides. A single judge bench of Justice M Nagaprasanna allowed the petition filed by the grandparents Samiulla Saheb and another of the minor child and set aside the order of the trial …

"Right To Life Guaranteed To Everyone": Punjab & Haryana High Court On Protection Plea By Minor In Live-In Relationship
10 months, 4 weeks ago

"Right To Life Guaranteed To Everyone": Punjab & Haryana High Court On Protection Plea By Minor In Live-In Relationship

Live Law  

Observing that merely because petitioners are not of marriageable age it "would not deprive" them of their fundamental rights, the Punjab & Haryana High Court has directed to send a minor girl to the children's home, who was seeking protection from her relatives along with her 19-year-old live-in partner.While directing to send her to the children's home, the Court said …

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court
1 year ago

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 125 of the Criminal Procedure Code, a daughter-in-law cannot lay a claim for maintenance against her parents-in-law. The petitioners argued that the learned Magistrate lacked jurisdiction to try the petition filed by the respondents herein under Section 125 of Cr.P.C., and sought for allowing the revision petition. So also minor children …

Karnataka High Court Issues Guidelines For Early Detection Of Pregnancy In Minor Rape Survivors, Protecting Their Health & Mental Wellbeing
1 year, 3 months ago

Karnataka High Court Issues Guidelines For Early Detection Of Pregnancy In Minor Rape Survivors, Protecting Their Health & Mental Wellbeing

Live Law  

The Karnataka High Court has directed that immediately upon registration of a sexual offence under Section 376 of IPC or the POCSO Act, a medical examination of the victim must be made. Most of the time, by the time such a wish is expressed the gestation period would have crossed 24 weeks which is the permissible period under the Medical …

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues
1 year, 3 months 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 …

Karnataka High Court Weekly Round-Up: November 27 To December 3, 2023
1 year, 3 months ago

Karnataka High Court Weekly Round-Up: November 27 To December 3, 2023

Live Law  

Nominal Index: Karnataka Power Transmission Corporation Limited & Other And Mallikarjun Savanur. 2023 LiveLaw 456 Harish B T And Life Insurance Corporation of India 2023 LiveLaw 457 PC Act | Proceedings By Third Parties Not Judicial Proceedings, Employer Cannot Withhold Pension On Such Grounds: Karnataka High Court Case Title: Karnataka Power Transmission Corporation Limited & Other And Mallikarjun Savanur Case …

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child
1 year, 4 months ago

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child

Live Law  

The Karnataka High Court has quashed the criminal case initiated against a man for offences punishable u/s 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006, taking note of the survivor's plea that she and her child depended on him and the prosecution would not be in the interest of justice. She claimed that if the criminal …

Ex-Parte Order Of German Court Granting Custody To Mother Not Acceptable, Welfare Of Child Paramount: Karnataka High Court
1 year, 5 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 …

[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court
1 year, 6 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 …

Juvenile Justice: Karnataka High Court Asks State To File Financial Proposal For Effective Implementation Of Centre's Vatsalya Scheme For Children
1 year, 6 months ago

Juvenile Justice: Karnataka High Court Asks State To File Financial Proposal For Effective Implementation Of Centre's Vatsalya Scheme For Children

Live Law  

The Karnataka High Court on Thursday sought to know from the State government on whether it had sent a reply to the communication issued to it by the Union Ministry of Woman And Child Development, asking the state government to submit a financial proposal and plan for the year 2022-2023, under the Mission Vatsalya Scheme. A Division bench of Chief …

Mother Fails To Handover Child's Custody To Father Despite Judicial Order, Karnataka High Court Requires Her Employer To Hold Back Pay
1 year, 9 months ago

Mother Fails To Handover Child's Custody To Father Despite Judicial Order, Karnataka High Court Requires Her Employer To Hold Back Pay

Live Law  

The Karnataka High Court on Wednesday directed the Police to contact the employer of a woman who failed to handover custody of her minor child to her husband despite a judicial order, and ask the employer to hold back her pay. Court said not handing over custody of the minor child to father by the wife, even after orders are …

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 …

Circulate NGO's Report On Shared Parenting In Child Custody Cases Among Judicial Officers: Gujarat High Court To Registrar General
1 year, 10 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 …

Karnataka High Court Issues Non-Bailable Warrant Against Mother Over Failure To Hand Over Minor Child's Custody To Father Despite Judicial Order
1 year, 11 months ago

Karnataka High Court Issues Non-Bailable Warrant Against Mother Over Failure To Hand Over Minor Child's Custody To Father Despite Judicial Order

Live Law  

The Karnataka High Court on Thursday issued non-bailable warrants against a woman and directed the Commissioner of Police, Bengaluru to keep the woman present in court for failing to hand over custody of the minor child to her father, as directed by the court. A vacation bench of Justice S Sunil Dutt Yadav and Justice C M Poonacha while hearing …

Karnataka State Commission For Protection Of Child Rights Not Empowered To Grant Visitation Rights To Parents: High Court
2 years, 1 month ago

Karnataka State Commission For Protection Of Child Rights Not Empowered To Grant Visitation Rights To Parents: High Court

Live Law  

The Karnataka High Court has held that the State Commission for Protection of Child Rights cannot pass an order granting visitation rights of the child to a parent. A single judge bench of Justice Jyoti Mulimani observed, “The Commission is an advisory body and it could frame or suggest policy decisions with respect to the child’s rights to the State …

[Custody] Parents' Demands Can't Be Given Importance If Child Is Grown Up & Able To Take Rational Decision In Personal Matters: Kerala High Court
2 years, 1 month 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 …

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

Ensure That Children Do Not Escape From Child Care Institutions: Karnataka High Court Seeks ATR From Govt
3 years ago

Ensure That Children Do Not Escape From Child Care Institutions: Karnataka High Court Seeks ATR From Govt

Live Law  

The Karnataka High Court on Wednesday directed the State government to place on record in two weeks, the effective steps that are being taken to ensure that children do not escape from the government run child care institutions. 141 Children Missing From Govt Owned Child Care Institutions: Karnataka High Court Directs State To Produce Investigation Report The plea states missing …

Karnataka High Court Issues Directions To Ensure Victim Is Given Notice Of All Bail Proceedings Concerning POCSO Cases
3 years ago

Karnataka High Court Issues Directions To Ensure Victim Is Given Notice Of All Bail Proceedings Concerning POCSO Cases

Live Law  

The Karnataka High Court recently issued directions for the effective implementation of the Protection of Children From Sexual Offences Act 2012, and the Protection of Children from Sexual Offences Rules, 2020, particularly in cases where the accused were to move the Court for grant of bail. Following directions were issued by the court: 1: The Investigation officer or the SJPU …

In Heinous Offence Of Rape, Proceedings Cannot Be Quashed Even If Parties Have Reached Settlement: Karnataka High Court
3 years, 4 months ago

In Heinous Offence Of Rape, Proceedings Cannot Be Quashed Even If Parties Have Reached Settlement: Karnataka High Court

Live Law  

The Karnataka High Court recently held that in a case of heinous offence of rape, even if the parties have settled the dispute, the same cannot be accepted and the proceedings cannot be quashed since it will have serious impact on the society. The petitioners relied on the judgement passed by the High court in the case of Vijaya Kumar …

Karnataka High Court Quashes Special Judge Order Referring Corruption Complaint Against Minister CT Ravi To ACB
4 years, 4 months ago

Karnataka High Court Quashes Special Judge Order Referring Corruption Complaint Against Minister CT Ravi To ACB

Live Law  

The Karnataka High Court has partly allowed a petition filed by Minister C.T. Justice John Michael Cunha quashed and set aside the order dated October 6, 2016, issued by the Special Court under the Prevention of Corruption Act, referring the complaint made before it under Sections 13 read with 13 of the Act, to the Superintendent of Police, Anti-Corruption Bureau, …

SC Issues Notice On Plea Challenging Provisions Allowing Exclusive Custody Of Child To One Of The Parents
5 years, 5 months ago

SC Issues Notice On Plea Challenging Provisions Allowing Exclusive Custody Of Child To One Of The Parents

Live Law  

A London based NRI woman has moved the Supreme Court through a Public Interest Litigation, seeking re-visit of country's all personal laws with regard to the custody of child in matrimonial disputes. According to the petition, the legal provisions which currently exist as per various personal laws are in the nature of entrusting the custody of children exclusively to one …

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 …

Consider child’s welfare not statute
5 years, 11 months ago

Consider child’s welfare not statute

Deccan Chronicle  

Hyderabad: The Telangana High Court has clarified that the custody of a child below the age of seven years need not be with the mother as prescribed in the statute. The High Court reiterated that child welfare will be given paramount consideration in giving custody to the suitable parent. A division bench of Justice Raghavendra Singh Chauhan and Justice T. …

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 …

State Govt. Working On Establishing A “Modern Children’s Court” In Maharashtra; Draft Guidelines Being Framed: Bombay HC Told [Read Order]
6 years, 8 months ago

State Govt. Working On Establishing A “Modern Children’s Court” In Maharashtra; Draft Guidelines Being Framed: Bombay HC Told [Read Order]

Live Law  

The State of Maharashtra is working on the establishment of a “modern Children’s Court”, and is framing draft guidelines for its functioning, the Bombay High Court was informed by Advocate General AA Kumbhakoni on Tuesday.The submissions were made before a bench comprising Justice Naresh H. Patil and Justice G.S. The State of Maharashtra is working on the establishment of a …

State Govt. Working On Establishing A “Modern Children’s Court” In Maharashtra; Draft Guidelines Being Framed: Bombay HC Told [Read Order]
6 years, 8 months ago

State Govt. Working On Establishing A “Modern Children’s Court” In Maharashtra; Draft Guidelines Being Framed: Bombay HC Told [Read Order]

Live Law  

The State of Maharashtra is working on the establishment of a “modern Children’s Court”, and is framing draft guidelines for its functioning, the Bombay High Court was informed by Advocate General AA Kumbhakoni on Tuesday.The submissions were made before a bench comprising Justice Naresh H. Patil and Justice G.S. The State of Maharashtra is working on the establishment of a …

Kerala HC Rejects ‘Estranged’ Husbands’ Plea To Issue ‘Scientific Guidelines’ To Family Courts In Child-Custody Matters [Read Judgment]
6 years, 11 months ago

Kerala HC Rejects ‘Estranged’ Husbands’ Plea To Issue ‘Scientific Guidelines’ To Family Courts In Child-Custody Matters [Read Judgment]

Live Law  

Exercise of such a discretionary power by a court cannot be curtailed by issuing any guidelines, as is sought by the petitioners, the bench said.The High Court of Kerala recently rejected a plea of ‘estranged’ husbands to lay down scientific guidelines to family courts for an objective assessment of the welfare of the child, while deciding child-custody petitions.Ten husbands who …

Delhi High Court seeks govt reply on plea to fast-track child custody cases
7 years, 6 months ago

Delhi High Court seeks govt reply on plea to fast-track child custody cases

Firstpost  

The plea claims that there has been a paradigm shift in matrimonial cases mostly impacting children who largely bear the brunt of the custody fight between parents. New Delhi: The Delhi High Court has sought the Centre’s response on a PIL seeking direction to formulate guidelines for expeditiously resolving issues of custody and maintenance concerning minors arising from the now …

New Legislation Required To Deal With Inter-Country Child Custody Cases: Chief Justice Khehar
7 years, 8 months ago

New Legislation Required To Deal With Inter-Country Child Custody Cases: Chief Justice Khehar

Live Law  

Expressing concern over the future of children and their rights in bad marriages abroad and the challenges before Indian judiciary to handle such cases, Chief Justice of India JS Khehar has said child right is vital and there has to be a new legislation to deal with inter-country custody cases. And a legal question – depending on the concerned system …

High Courts Weekly Round-Up
8 years, 2 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe Allahabad High Court observed that the levy of entry tax on e-commerce sites is prima facie unconstitutional as the state legislature has no authority or competence to do so.Bombay High CourtA division bench of Justice Abhay Oka and Justice GS Kulkarni of the Bombay High Court cautioned family courts to follow the law in letter and spirit, …

High Courts Weekly Round-Up
8 years, 2 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe Allahabad High Court observed that the levy of entry tax on e-commerce sites is prima facie unconstitutional as the state legislature has no authority or competence to do so.Bombay High CourtA division bench of Justice Abhay Oka and Justice GS Kulkarni of the Bombay High Court cautioned family courts to follow the law in letter and spirit, …

Handing over child custody to an institution, ignoring parent’s claim not acceptable: SC [Read Order]
8 years, 7 months ago

Handing over child custody to an institution, ignoring parent’s claim not acceptable: SC [Read Order]

Live Law  

The Supreme Court, in BEATA AGNIESZKA SOBIERAJ VS. STATE OF HIMACHAL PRADESH has depreciated the practice of handing over the custody of the child to an institution, while ignoring the claim of a parent, especially the mother of the child, as not acceptable.In the instant case, the father of the child has no objection to the handing over of parental …

Karnataka HC ‘cautions’ Family Courts to be more alive and alert while deciding Divorce cases [Read Judgment]
8 years, 8 months ago

Karnataka HC ‘cautions’ Family Courts to be more alive and alert while deciding Divorce cases [Read Judgment]

Live Law  

Even if there is any apprehension of recurring of schizophrenic symptoms, the answer is in re-modeling the medicine, but not in amputing her marital/emotional life itself, the Court observed.Setting aside a Family Court Judgment which had granted divorce to a Husband from his ‘Schizophrenic’ wife, the Karnataka High Court has cautioned Family Courts to be more alive or alert to …

Karnataka HC ‘cautions’ Family Courts to be more alive and alert while deciding Divorce cases [Read Judgment]
8 years, 8 months ago

Karnataka HC ‘cautions’ Family Courts to be more alive and alert while deciding Divorce cases [Read Judgment]

Live Law  

Even if there is any apprehension of recurring of schizophrenic symptoms, the answer is in re-modeling the medicine, but not in amputing her marital/emotional life itself, the Court observed.Setting aside a Family Court Judgment which had granted divorce to a Husband from his ‘Schizophrenic’ wife, the Karnataka High Court has cautioned Family Courts to be more alive or alert to …

Kids should not be used as shields by parents applying for divorce: Bombay HC
9 years, 11 months ago

Kids should not be used as shields by parents applying for divorce: Bombay HC

Live Law  

A division bench comprising of Justices A R Joshi and V M Kanade on 15 April observed a fashion amongst divorced or separated parents. The Bombay High Court noted that, "Every attempt is made by whoever has got the custody of the child that access is not given to the non-custodian parent.” The bench was hearing a public interest litigation …

Kids should not be used as shields by parents applying for divorce: Bombay HC
9 years, 11 months ago

Kids should not be used as shields by parents applying for divorce: Bombay HC

Live Law  

A division bench comprising of Justices A R Joshi and V M Kanade on 15 April observed a fashion amongst divorced or separated parents. The Bombay High Court noted that, "Every attempt is made by whoever has got the custody of the child that access is not given to the non-custodian parent.” The bench was hearing a public interest litigation …

Madurai Bench of Madras HC reiterates parental control as being different from illegal custody [Read the Judgment]
10 years, 5 months ago

Madurai Bench of Madras HC reiterates parental control as being different from illegal custody [Read the Judgment]

Live Law  

A Madras High Court Bench at Madurai, comprising of Justice S. Manikumar and Justice V.S. Ravi upheld the decisions of the Courts which supported the view that parental authority, barring a few exceptions, would "out of bounds for a writ court, because it is exercised for the ultimate benefit of the ward. Ravi upheld the decisions of the Courts which …

Discover Related