Not 'Statutory Rights Of Parents', But Welfare Of The Minor Paramount Consideration In Custody Battles: Karnataka [Read Order]
6 years 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 25 of the G & W Act and Section 6 of the Hindu Minority and Guardianship Act, 1956, makes it manifestly clear that the paramount consideration is the welfare of the minor child and not statutory rights of the parents. The court had however proceeded to grant custody to the wife, opining that "much importance need not be given to the wishes of the minor child at this stage" as the child was innocent and immature. Therefore, keeping in mind the wishes of the child, her interim custody was granted to the father, with the court issuing a direction of cooperation and amicable relationship to the parents: "This Court hopes and trusts that both the petitioner – father and respondent – mother being highly educated, cultured with all modern outlook and well off, would maintain cordial relations and conduct themselves decently, courteously and extend full cooperation for the well being of minor female child – Prisha, which is the object of the provisions of the Guardians and Wards Act, 1890 and the dictums of the Hon'ble Supreme Court and this Court, stated supra."

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History of this topic

One Parent Who Is Lawful Guardian If Takes The Child From Custody Of Other Parent, Wouldn't Amount To Kidnapping: Telangana HC Reaffirms
4 days, 23 hours ago

One Parent Who Is Lawful Guardian If Takes The Child From Custody Of Other Parent, Wouldn't Amount To Kidnapping: Telangana HC Reaffirms

Live Law  

The Telangana high court on Wednesday reiterated that if a parent who is lawful guardian of the child, takes a child away from the custody of the other parent, it would not amount to kidnapping and does not call for registering an FIR under 137 of the BNS. Relying on an order passed by the Bombay High court in a …

Balancing Acts: Navigating International Custody Disputes In Indian Courts - Insights From The Bombay Judgement And Comparative Legal Perspectives
1 week, 2 days 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 …

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

Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court
4 months, 2 weeks ago

Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court

Live Law  

In a significant order, the Aurangabad bench of the Bombay High Court held that custody matters pertaining to a child cannot be decided merely on the basis of the 'desire' of the child of a tender age since there are possibilities of 'tutoring' the child.Single-judge Justice Kishore Sant upheld the May 9, 2024 judgment of a Family Court in Aurangabad, …

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 …

Father Can't Be Charged Of 'Kidnapping' His Minor Child From Wife's Custody Unless He Was Specifically Prohibited By Competent Court: Karnataka HC
5 months, 1 week ago

Father Can't Be Charged Of 'Kidnapping' His Minor Child From Wife's Custody Unless He Was Specifically Prohibited By Competent Court: Karnataka HC

Live Law  

The Karnataka High court has held that a father cannot be charged for kidnapping his minor child from the custody of his wife, so long as there is no prohibition order passed by a competent court against him. In the absence of any prohibition of the order of the competent Court, the petitioner-father cannot be booked for taking away his …

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor
5 months, 4 weeks ago

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor

Live Law  

The High Court of Andhra Pradesh has emphasized the critical importance of a child's right to maintain relationships with both parents, especially at a tender age, even in cases of parental separation where custody is given only to one parent. Justice Ravi Nath Tilhari and Justice Nyapathy Vijay held that even when custody is awarded to one parent, the other …

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 …

Karnataka High Court grants man accused of rape 15-day bail to marry survivor who turned 18
6 months, 4 weeks ago

Karnataka High Court grants man accused of rape 15-day bail to marry survivor who turned 18

Deccan Chronicle  

Bengaluru: The Karnataka High Court has granted a 23-year-old man charged with the rape of a girl when she was 16 years and nine months of age, 15-day bail to marry her. Justice M Nagaprasanna issued the interim order dated last Saturday in response to a petition from the accused, seeking to dismiss the charges as both families wish to …

Karnataka High Court orders release of convict on parole to fulfil wife’s conjugal right to have progeny
7 months, 1 week ago

Karnataka High Court orders release of convict on parole to fulfil wife’s conjugal right to have progeny

The Hindu  

The High Court of Karnataka directed the prison authorities to release a convict on parole for 30 days on the petition filed by his wife, who has complained that she has been deprived of her conjugal right to have progeny. She married him on April 11, 2023, after the court granted him parole for 15 days from April 5 to …

Custody Application Of Minor Can Only Be Filed Before Court Having Jurisdiction Where Child Ordinarily Resides: Karnataka High Court
7 months, 4 weeks 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 …

'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 …

Hindu Succession Act | Legal Heirs Of Daughters Who Died Before 2005 Amendment Entitled To Equal Share In Family Property: Karnataka High Court
1 year ago

Hindu Succession Act | Legal Heirs Of Daughters Who Died Before 2005 Amendment Entitled To Equal Share In Family Property: Karnataka High Court

Live Law  

The Karnataka High Court has held that legal heirs of a daughter are entitled to equal share in the family properties, even if the daughters had passed away before the amendment to the Hindu Succession Act, came into force in 2005. A single judge bench of Justice Sachin Shankar Magadum, dismissed the plea filed by Channabasappa Hosmani, questioning the order …

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

Welfare Of Child Prime Consideration In Guardianship Cases: Delhi High Court Declines Father’s Plea To Move Child To A “Better” School
1 year, 1 month ago

Welfare Of Child Prime Consideration In Guardianship Cases: Delhi High Court Declines Father’s Plea To Move Child To A “Better” School

Live Law  

In a father’s plea seeking direction to his child’s mother for transfer of the child to a “better” school, the Delhi High Court has observed that welfare of the child is of prime consideration in guardianship cases. The appellant-father had filed the appeal assailing a Family Court order, whereby his application for direction to the respondent to send the child …

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

Karnataka High Court Seeks Centre's Response On Plea To Frame 'Best Practices' For Determining Child Custody Matters
1 year, 2 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 …

SC Allows Interim Custody Of Minor Children To Maternal Grandparents, Upholds Welfare Of Minor Is The Only Paramount Consideration
1 year, 2 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 …

Ex-Parte Order Of German Court Granting Custody To Mother Not Acceptable, Welfare Of Child Paramount: Karnataka High Court
1 year, 3 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 …

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court
1 year, 3 months ago

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court

Live Law  

The Telangana High Court has held that a mother cannot legally relinquish the property rights on behalf of her minor children in light of the amendments to the Hindu Succession Act, 2005 which granted daughters equal rights to sons in ancestral property, strengthening their claim to a share in such properties. Justice P. Sree Sudha held that the mother's purported …

Custody Matters Of Minor Children Not To Be Settled By Elders In The House: Telangana High Court
1 year, 3 months ago

Custody Matters Of Minor Children Not To Be Settled By Elders In The House: Telangana High Court

Live Law  

The Telangana High Court on Thursday held that custody disputes of children cannot be settled by elders of the house while reiterating that the welfare of the minor children is of paramount importance in such matters. In the custody matters, welfare of the minor child is the paramount consideration.” The petitioner-mother submitted that she married the respondent in 2014 and …

Child’s Age, Circumstances During Separation With Parent Relevant To Determine Its 'Intelligent Preference' While Appointing Guardian: Delhi HC
1 year, 3 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 …

'Mother's love alone not enough for child custody', says Bombay HC
1 year, 4 months ago

'Mother's love alone not enough for child custody', says Bombay HC

Firstpost  

The High Court observed that the mother’s cases filed against father in India appeared to be a strategy to prevent the child from returning to the US. It noted that children suffer the most in custody battles during matrimonial disputes In a recent custody case, the Bombay High Court has ruled that deciding what’s best for a young child cannot …

Mother who surrendered child tells High Court not to give custody to 'rapist' father
1 year, 5 months ago

Mother who surrendered child tells High Court not to give custody to 'rapist' father

India Today  

In a surprising turn of events during the ongoing child custody court hearing, the mother of the child, who had surrendered the child for adoption through the state Child Welfare Committee, approached the Bombay High Court. READ | Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father Agnes also argued that the …

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father
1 year, 5 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 …

Supreme Court Stays HC Direction Allowing Father To Take Custody Of Minor Girl From 'Adoptive' Parents
1 year, 6 months ago

Supreme Court Stays HC Direction Allowing Father To Take Custody Of Minor Girl From 'Adoptive' Parents

Live Law  

The Supreme Court, on Friday, stayed the order of Orissa High Court to the extent it directed restoration of custody of a minor girl child to her father. “There shall be an interim stay of the direction of the High Court directing the petitioners herein to handover custody of the minor child.to respondent No.2 until further orders.” A vacation Bench …

Mother Fails To Handover Child's Custody To Father Despite Judicial Order, Karnataka High Court Requires Her Employer To Hold Back Pay
1 year, 7 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 …

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, 7 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 …

Proceedings For Guardianship, Custody Of Minor Lie Only Before Family Court: Karnataka High Court
1 year, 7 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 …

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, 8 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, 8 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, 8 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, 8 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 …

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl
1 year, 10 months ago

Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl

Live Law  

The Supreme Court on Friday refused to interfere with an order of the Rajasthan High Court quashing a FIR registered against a 22-year old over a physical relationship with a 16-year old girl which led to her pregnancy and child birth.Taking note of the consistent stand of the girl that she had 'consented' to the relationship, the birth of a …

[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 …

Mother's Illicit Affair; Custody of Minor Child Given to Father
1 year, 11 months ago

Mother's Illicit Affair; Custody of Minor Child Given to Father

News 18  

The High Court of Karnataka has upheld a Family Court order giving the custody rights of a minor child to the father. The High Court in its judgment noted that she “has given more importance to the illicit relationship of hers and has neglected the child.” After leaving the matrimonial house with the child, the woman had left the minor …

'Mother Gave More Importance To Her Illicit Relationship, Moral Values Important For Child': Karnataka HC Orders Custody Of 7-Yr-Old Girl To Father
1 year, 11 months ago

'Mother Gave More Importance To Her Illicit Relationship, Moral Values Important For Child': Karnataka HC Orders Custody Of 7-Yr-Old Girl To Father

Live Law  

The Karnataka High Court recently upheld a family court order which directed the mother of a seven years old girl child to hand over the custody to child's father, after observing that she herself was more attentive towards her illicit relationship at work rather than welfare of her child. A division bench of Justice Alok Aradhe and Justice S Vishwajith …

Marriage With Minor Girl Not Void U/S 11 Of Hindu Marriage Act: Karnataka High Court
1 year, 11 months ago

Marriage With Minor Girl Not Void U/S 11 Of Hindu Marriage Act: Karnataka High Court

Live Law  

The Karnataka High Court has set aside an order passed by the family court under the Hindu Marriage Act by which it declared the marriage between a couple to be null and void, as the woman was minor at the time of marriage. A division bench of Justice Alok Aradhe and Justice S Vishwajith Shetty observed that Section 11 of …

‘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 …

Karnataka HC Allows Consideration Of Single Mother's Application For Child's Passport Without Husband's Consent
2 years ago

Karnataka HC Allows Consideration Of Single Mother's Application For Child's Passport Without Husband's Consent

Live Law  

The Karnataka High Court recently granted relief to a single mother by directing the Passport authorities to consider the application for issuance of passport for her minor son, without insisting on the consent of her estranged husband. The Court said the Passport Manual issued for smooth functioning is only guidelines or solutions to answer circumstances that would emerge, but it …

Parent Seeking Custody Should Have Attachment With Minor Child, Natural Guardianship Not Sole Criterion: Chhattisgarh High Court
2 years 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 …

NCPCR challenges marriage of minor girls in Sharia as ‘sexual assault’; Supreme Court ready to examine
2 years, 2 months ago

NCPCR challenges marriage of minor girls in Sharia as ‘sexual assault’; Supreme Court ready to examine

Firstpost  

NCPCR has challenged an order of Punjab and Haryana High Court from June this year wherein it had cited Sharia Law and held that a 16-year-old Muslim girl could enter into a valid marriage New Delhi: The Supreme Court has agreed to examine a petition of the National Commission for Protection of Child Rights challenging an order of Punjab and …

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, 4 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 …

Gujarat High Court Refuses Custody Of 2-Yr-Old To Mother Citing Voluntary Desertion, Child's Attachment To Father, Her Busy Work Schedule
2 years, 4 months ago

Gujarat High Court Refuses Custody Of 2-Yr-Old To Mother Citing Voluntary Desertion, Child's Attachment To Father, Her Busy Work Schedule

Live Law  

The Gujarat High Court has recently declined custody of a minor son to his mother on the ground that her work schedule did not permit her to take care of the child as compared to the work schedule of the father. Further, Justice Umesh Trivedi, while applying the principle of paramount interest of child, opined that the Appellant-mother had a …

Mother being natural guardian can decide child's surname, says Supreme Court
2 years, 5 months ago

Mother being natural guardian can decide child's surname, says Supreme Court

India Today  

The Supreme Court on Thursday ruled that a mother who remarries after the death of her biological father can choose the surname of her child and include it in her new family. The bench of Justices Dinesh Maheshwari and Krishna Murari overturned an Andhra Pradesh High Court decision ordering a mother to change her child's surname and refer to her …

'Muslim mother cannot be the child's guardian', rules Kerala HC, says bound by Supreme Court precedents
2 years, 6 months ago

'Muslim mother cannot be the child's guardian', rules Kerala HC, says bound by Supreme Court precedents

Op India  

On Wednesday, the Kerala High Court said that it was bound by the precedents from the Supreme Court to observe that a Muslim woman cannot be the guardian of her minor child and the property. Though there is no bar in Quran or Hadith on a Muslim woman’s right to be a child’s guardian, the Court said that it was …

Couple Moves Gujarat HC Seeking Custody Of Their 3 Day Old Child From Surrogate Mother Who Is In Judicial Custody
2 years, 6 months ago

Couple Moves Gujarat HC Seeking Custody Of Their 3 Day Old Child From Surrogate Mother Who Is In Judicial Custody

Live Law  

The intended parents of a 3-day-old child have moved to the Gujarat High Court seeking custody of the child from the surrogate mother, who is presently in judicial custody in connection with a criminal offence.Essentially, the couple opted for surrogacy and entered into a surrogacy agreement with a 31-year-old divorcee woman to become a surrogate mother of their. The intended …

‘The child has a right to get the love and affection of both parents,’ says Supreme Court
2 years, 6 months ago

‘The child has a right to get the love and affection of both parents,’ says Supreme Court

The Hindu  

The Supreme Court stepped into the shoes of children who find themselves in the middle of custody battles between estranged parents, saying a child is happiest when he or she can have both parents. The top court was hearing an appeal from Rajasthan where the Family Court had rejected the father’s plea for interim custody of his minor son in …

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 …

Court Gives Custody of Orphan Girl to Transgender Mother in Gujarat’s Porbandar
2 years, 10 months ago

Court Gives Custody of Orphan Girl to Transgender Mother in Gujarat’s Porbandar

News 18  

Nileshkumar Bhaishankar Mehta, a transgender woman who works in the Mamlatdar office as Deputy Mamlatdar, had to fight a court battle to win the custody of his daughter. Later, Nilesh aka Bijal got married to Hemangi and when troubles started appearing in their marriage, Hemangi took the minor daughter of Nilesh, Mehak, to her father’s house. Sighting records and reasons …

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