Law panel for joint custody of child in divorce cases-India TV News
9 years, 10 months ago

Law panel for joint custody of child in divorce cases-India TV News

India TV News  

New Delhii: Pitching for removal of superiority of one parent over the other, the Law Commission today recommended joint custody of minors to both the parents in case of a divorce, saying Indian custody laws must change with times. Recommending changes in the Hindu Minority and Guardianship Act and the Guardians and Wards Act, the panel said even after the Supreme Court's judgement in Gita Hariharan vs Reserve Bank of India case, the mother can become a natural guardian during the lifetime of the father only in exceptional circumstances. It said amendments to the Guardians and Wards Act, 1890 will be relevant for all custody proceedings, besides any personal laws that may apply. The two draft bills proposed by the panel to amend the existing laws also deal with removal of preference for the father as the natural guardian under Hindu law.

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History of this topic

A Relook At Custodial Legal Framework: An Argument For Shared Custody Between Parents
1 week, 5 days ago

A Relook At Custodial Legal Framework: An Argument For Shared Custody Between Parents

Live Law  

“.We have also interviewed minor child in our chamber. This article explores how the legal concept of “the best interest of the child” as understood in the current law governing the Hindus as well as two secular laws - the Guardianship and Wards Act, 1890 and Juvenile Justice Rules, 2007 has been used by Indian Courts to determine the question …

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" …

Balancing Acts: Navigating International Custody Disputes In Indian Courts - Insights From The Bombay Judgement And Comparative Legal Perspectives
2 months, 3 weeks ago

Balancing Acts: Navigating International Custody Disputes In Indian Courts - Insights From The Bombay Judgement And Comparative Legal Perspectives

Live Law  

The Bombay High Court judgement of 7 February in the case of v., is a landmark ruling that delves into the intricate issues of international child custody, the application of the Hague Convention on the Civil Aspects of International Child Abduction, and the legal principles governing child welfare across borders. The court's meticulous analysis of the Convention's objectives, alongside Indian …

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 …

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 …

Custody orders not rigid, can be altered keeping in mind child's need: Bombay HC
1 year, 10 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 …

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 …

Division Bench’s Directions Contrary To Principles Laid Down By Supreme Court: Madras High Court Single Judge On Custody Battle For US-Born Twins
2 years, 1 month ago

Division Bench’s Directions Contrary To Principles Laid Down By Supreme Court: Madras High Court Single Judge On Custody Battle For US-Born Twins

Live Law  

Nearly a month after a division bench of Madras High Court directed a woman to hand over her twin sons to their father in the US, a single judge of the high court said the 15-year-old twins are not "mere minors" but "matured minors" who cannot be treated as properties to be handed over to a person "with whom the …

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 …

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 …

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 …

Supreme Court seeks Centre's response on parenting plan for divorcees
6 years, 6 months ago

Supreme Court seeks Centre's response on parenting plan for divorcees

Deccan Chronicle  

New Delhi: The Supreme Court on Monday sought the Centre’s response on a petition filed by Child Rights Foundation for laying down norms for custody of children affected by divorce of their parents and guidelines for ‘shared parenting’. A bench of Justices Kurian Joseph and Sanjay Kishan Kaul issued notice on the petition after hearing senior counsel Santosh Paul, appearing …

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 …

Pendency Of Application For Child’s Custody Under DV Act Cannot Hamper Proceedings Under Guardians And Wards Act: Uttarakhand HC [Read JT]
7 years, 8 months ago

Pendency Of Application For Child’s Custody Under DV Act Cannot Hamper Proceedings Under Guardians And Wards Act: Uttarakhand HC [Read JT]

Live Law  

The Uttarakhand High Court, on Thursday, ruled that the pendency of an application for child’s custody under Section 23 of the Domestic Violence Act cannot create an embargo for consideration of an application under Section 25 of the Guardians and Wards Act.The Bench comprising Justice Rajiv Sharma and Justice Sharad Kumar Sharma explained, “The intention of Section 23 under the. …

Pendency Of Application For Child’s Custody Under DV Act Cannot Hamper Proceedings Under Guardians And Wards Act: Uttarakhand HC [Read JT]
7 years, 8 months ago

Pendency Of Application For Child’s Custody Under DV Act Cannot Hamper Proceedings Under Guardians And Wards Act: Uttarakhand HC [Read JT]

Live Law  

The Uttarakhand High Court, on Thursday, ruled that the pendency of an application for child’s custody under Section 23 of the Domestic Violence Act cannot create an embargo for consideration of an application under Section 25 of the Guardians and Wards Act.The Bench comprising Justice Rajiv Sharma and Justice Sharad Kumar Sharma explained, “The intention of Section 23 under the. …

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 …

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 …

Law Commission of India vouches for both mother and father to be regarded as natural guardians in its 257th Report
9 years, 10 months ago

Law Commission of India vouches for both mother and father to be regarded as natural guardians in its 257th Report

Live Law  

Law Commission of India has released its latest Report on “Reforms in Guardianship and Custody Laws in India”. The report highlights the study conducted by LCI into the issue of adopting ‘shared parenting system’ in India.Earlier in November, 2014, the Commission had issued a Consultation Paper, analyzing shared parentage systems across the world and reviewing the existing law in. The …

Landmark Judgment pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes
10 years, 1 month ago

Landmark Judgment pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes

Live Law  

In a remarkable judgment dealing with interim custody of child suffering in parent's matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The lower court awarded interim custody to the mother with visitation rights to …

Law Commission of India invites comments on adopting "Shared Parenting" in India
10 years, 4 months ago

Law Commission of India invites comments on adopting "Shared Parenting" in India

Live Law  

Contemplating over the viability of adopting the concept of shared parenting in India, the Law Commission of India has released a "Consultation Paper on Adopting a Shared Parentage System in India". The paper puts down 12 questions for consideration with regard to the concept of shared parenting and invited suggestions and comments.The paper notes, "The idea of shared parenting is …

Child custody law in India: a litigant perspective.
12 years, 1 month ago

Child custody law in India: a litigant perspective.

The Hindu  

There has been a flurry of activity on the personal law front in our country in the recent past. The laws governing child custody in India are the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956. In at least one case the European Court of Human Rights has ruled this provision overtly discriminatory ; this …

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