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 to consider the NGO's report while deciding such issues. On the other hand, Advocate General, Kamal Trivedi contended that the guidelines issued by the NGO are not binding in nature and the concerned court is supposed to decide the case in accordance with law and judgements delivered by the Honourable Apex Court as well as this court and other High Courts of the country. The court noted that the report deals with several aspects like interim visitation schedule, final visitation guidelines, local guidelines, non local guidelines, joint custody and also the psychological effect on both the parents as well as child "We have also gone through the order passed by the Karnataka High Court and certain communications issued by the High Courts of Punjab & Haryana, Himachal Pradesh, Madhya Pradesh, Mumbai and Kerala etc.

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History of this topic

Gujarat HC Calls For Report On Functioning Of State Educational Service Tribunal Over Claims Of Prolonged Proceedings, Lack Of VC Facility
4 days, 1 hour ago

Gujarat HC Calls For Report On Functioning Of State Educational Service Tribunal Over Claims Of Prolonged Proceedings, Lack Of VC Facility

Live Law  

The Gujarat High Court directed its Registrar General and education department's Chief Secretary to report on the functioning of the state Educational Service Tribunal after parties raised concerns on its functioning, installation of CCTV cameras and lack of virtual hearing facility leading to prolonged proceedings. A division bench of Justice A.S. Supehia and Justice Nisha Thakore observed, “Since the learned …

Odisha High Court gives girl child's custody to parents accused of kidnapping baby boy
1 month, 2 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 …

A Child's Voice In Corridors Of Indian Justice In Child Custody Cases
2 months, 2 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 …

Gauhati High Court Sets February 2025 Deadline For State To Notify Draft Rules & Child Protection Policy
2 months, 3 weeks ago

Gauhati High Court Sets February 2025 Deadline For State To Notify Draft Rules & Child Protection Policy

Live Law  

The Gauhati High Court recently directed the Assam Government to inform it by February 25, 2025, about the status of the issuance of notification for the Draft Rules and Child Protection Policy; filling of the vacancies, and the status of social audit and tentative time of completion of the said audit. The division bench comprising Justice Kalyan Rai Surana and …

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

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father
3 months, 1 week 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 …

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

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 …

Gujarat High Court Weekly Round-Up: September 25 To October 01, 2023
1 year, 5 months ago

Gujarat High Court Weekly Round-Up: September 25 To October 01, 2023

Live Law  

Nominal Index Rajan Ankleshwaria v. Vinni Ankleshwaria 2023 LiveLaw 155 Krinaben W/O Tushar Suryakant Trivedi Versus N P Garasiya, Police Sub Inspector, Special Investigation Team 2023 Livelaw 156 Nipun Praveen Singhvi Versus State Of Gujarat 2023 Livelaw 157 Kutubuddin Ansari Versus State Of Gujarat 2023 Livelaw 158 Bhavesh Kamleshbhai Patel Versus Commissioner, Municipality Administration 2023 Livelaw 159 LL Citation: 2023 …

[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 …

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father
1 year, 7 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 …

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, 9 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, 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 …

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 …

Offences Under Pre-Conception & Pre-Natal Diagnostic Techniques Act Affect Society, Settlement Between Parties Not Acceptable: Gujarat High Court
2 years, 1 month ago

Offences Under Pre-Conception & Pre-Natal Diagnostic Techniques Act Affect Society, Settlement Between Parties Not Acceptable: Gujarat High Court

Live Law  

The Gujarat High Court has held that settlement between parties in cases where an offence is committed under Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 cannot be accepted. The application was filed before the High Court under section Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the FIR related to the offences punishable under …

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, 6 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 …

Couple Moves Gujarat HC Seeking Custody Of Their 3 Day Old Child From Surrogate Mother Who Is In Judicial Custody
2 years, 8 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 …

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 …

Kerala Government orders investigation into child missing case
3 years, 4 months ago

Kerala Government orders investigation into child missing case

The Hindu  

Facing heat over a CPI leader being booked on a complaint by his daughter of separating her from her newborn, the State Government has ordered an investigation into the incident even as the ruling party said it wanted the mother to get her child back. On the claim of Anupama’s father that the infant was given up with his daughter’s …

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, 8 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 …

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 …

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 …

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, 6 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 …

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

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 …

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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