Allahabad HC Sends Minor Willing To Live With 'Husband' To Father's Custody For 18 Days Until She Attains Majority
9 months, 3 weeks ago

Allahabad HC Sends Minor Willing To Live With 'Husband' To Father's Custody For 18 Days Until She Attains Majority

Live Law  

Last week, the Allahabad High Court deferred its decision to allow a minor girl to reside with her 'husband' once she reached the age of majority. Hearing the matter on May 10, the Court directed the concerned SHO to produce the minor girl personally, having regard to her decency and security so that On May 23, the girl's family informed the court that, despite the petitioner's claim that the detenue was a major, her school records indicated she was born on June 7, 2006, making her a minor. Concerning the fact that the minor girl would be attaining majority on June 7, 2024, the Court directed to list the case on June 10, 2024, by which date detenue may also attain majority, and by that date, respondent no.4 may also file a counter affidavit in the matter. The Court further directed the concerned Station House Officer to produce the detenue again before this Court personally in adequate security and about her decency on the next listing date.

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History of this topic

Allahabad HC 'Prays To God' For Unity 'Till Last Breath' Of A Family Involving Husband-Wife, Minor Children
1 month, 3 weeks ago

Allahabad HC 'Prays To God' For Unity 'Till Last Breath' Of A Family Involving Husband-Wife, Minor Children

Live Law  

In a poignant remark, the Allahabad High Court, while dealing with a habeas corpus petition filed by a mother seeking custody of her two minor children currently residing with their father, recently expressed that it 'prays to God' for the family that they remain together until their 'last breath'. “…this Court being part of the extended family of advocates as …

"Prison Walls Cannot Obstruct Fruits Of Article 21": Allahabad HC Issues Directions For Welfare Of Children Living In Prison With Parents
1 month, 4 weeks ago

"Prison Walls Cannot Obstruct Fruits Of Article 21": Allahabad HC Issues Directions For Welfare Of Children Living In Prison With Parents

Live Law  

While hearing a bail plea of an accused mother living with her minor son in prison, the Allahabad High Court has issued several directions to various state authorities regarding the protection and welfare of children who are living with parents lodged in prisons. “Fair administration of justice in bail jurisdiction commands this Court to ensure that adverse consequences accruing to …

Mother can’t be denied custody of child, even if earlier given to father: Allahabad HC
2 months, 1 week ago

Mother can’t be denied custody of child, even if earlier given to father: Allahabad HC

Hindustan Times  

The Allahabad high court has held that merely because the mother had been deprived of the company of her daughter at the time when the couple separated and the fact that the daughter continued to be in the father’s company for sometime itself would not be a sufficient circumstance to deny custody of the minor to the mother who is …

Allegations Offend Victim's Dignity: Allahabad High Court Denies Bail To Man Accused Of Forcing Wife Into Prostitution
2 months, 3 weeks ago

Allegations Offend Victim's Dignity: Allahabad High Court Denies Bail To Man Accused Of Forcing Wife Into Prostitution

Live Law  

The Allahabad High Court last week denied bail to a man who has been accused of forcing his wife into prostitution by compelling her to make physical relationships with his friends and other persons. Noting that the allegations against the husband are rare and the prosecution's case was not a simple case of matrimonial dispute between husband and wife, a …

Allahabad HC Grants Interim Bail To Rape Accused To Marry 'Victim' From Different Religion Under Special Marriage Act
4 months, 1 week ago

Allahabad HC Grants Interim Bail To Rape Accused To Marry 'Victim' From Different Religion Under Special Marriage Act

Live Law  

The Allahabad High Court last week granted a 4-month interim bail to a Hindu man booked under the POCSO Act to marry a Muslim girl and get the same registered after getting her custody. “Having heard the learned counsel for the parties and having perused the material available on record and also hearing the parties who are present in person, …

Allahabad HC Grants Bail to Muslim Man Accused of Kidnapping Hindu Girl
4 months, 1 week ago

Allahabad HC Grants Bail to Muslim Man Accused of Kidnapping Hindu Girl

Deccan Chronicle  

Prayagraj: The Allahabad High Court has granted bail to a Muslim man accused of kidnapping and raping a Hindu girl. Granting bail to accused Javed Alam, Justice Sameer Jain said that in her statement, the girl stated that she had crossed the age of 17 when the FIR was lodged and that she went with him and married him willingly. …

Allahabad HC Orders FIR Against Man Accused Of Marrying 12 Y/O Girl, Hands Him Over To Police From Court Premises
6 months, 3 weeks ago

Allahabad HC Orders FIR Against Man Accused Of Marrying 12 Y/O Girl, Hands Him Over To Police From Court Premises

Live Law  

In a significant order, the Allahabad High Court on Tuesday detained a man and handed over his custody to the police after it was discovered that he had married a 12-year-old girl. To substantiate their claim, they also filed their Aadhar Cards and a joint undertaking issued by the petitioners, Pramukh Acharya and the Secretary of the Arya Sanatan Dharm …

“Child's Natural Right To Know And Meet His Parents Is Near Perfect”: Allahabad High Court Upholds Visitation Rights Of Father
8 months, 3 weeks ago

“Child's Natural Right To Know And Meet His Parents Is Near Perfect”: Allahabad High Court Upholds Visitation Rights Of Father

Live Law  

The Allahabad High Court has held that a child has the right to know and meet his parents, including the father during the pendency of the custody case before the Trial Court. The mother approached the High Court against the order of Family Court allowing the father to meet their son on one Sunday of every month in a public …

Allahabad HC rules against legal rights for Muslims in live-in relationships when having spouse | DETAILS
10 months, 2 weeks ago

Allahabad HC rules against legal rights for Muslims in live-in relationships when having spouse | DETAILS

India TV News  

The Allahabad High Court on Wednesday stated that Muslims cannot assert rights in a live-in relationship if they have a spouse, as such a relationship contradicts Islamic principles. The couple sought protection from police action after Sneha Devi's parents filed a kidnapping case against Khan. They also sought protection of their lives and liberty, citing their status as adults and …

Mother Entitled To Custody Of Male Child Until He Completes Age Of 7 Years As Per Muslim Law: Allahabad High Court
1 year, 3 months ago

Mother Entitled To Custody Of Male Child Until He Completes Age Of 7 Years As Per Muslim Law: Allahabad High Court

Live Law  

The Allahabad High Court has observed that according to the Mohammedan Law, a mother is entitled to custody of a male child until he completes the age of 7 years.The bench of Justice Karunesh Singh Pawar observed thus while allowing a habeas corpus filed by the mother of the detenue-Takbeer Khan, aged about 3 years and 7 months. The Allahabad …

Allahabad HC Orders Medical Aid to Minor Rape Victim Who Filed Petition to End 28-Week Pregnancy
1 year, 6 months ago

Allahabad HC Orders Medical Aid to Minor Rape Victim Who Filed Petition to End 28-Week Pregnancy

News 18  

The Allahabad High Court on Wednesday directed that adequate medical facilities and ex-gratia payment under the scheme ‘Rani Laxmi Bai Mahila Samman Kosh’ be provided to the 15-year-old rape survivor who had approached the HC seeking permission to terminate her 28-week pregnancy. The bench of Justices Mahesh Chandra Tripathi and Prashant Kumar noted that the medical board, which examined the …

Allahabad HC Orders Medical Facility, Compensation For Minor Rape Survivor Seeking Abortion As Her Father Agrees To Keep Baby Till Adoption
1 year, 6 months ago

Allahabad HC Orders Medical Facility, Compensation For Minor Rape Survivor Seeking Abortion As Her Father Agrees To Keep Baby Till Adoption

Live Law  

The Allahabad High Court on Wednesday adequate medical facility and compensation for a 15-year-old year rape victim seeking to terminate her 29-week pregnancy after her father agreed to look after the newborn baby till adoption.The rape survivor had essentially moved the High Court seeking to terminate her pregnancy, however, looking at the medical report of the girl, which stated that …

Child Can’t Be in Live-in Relationship... Not Only Immoral But Also Illegal: Allahabad HC
1 year, 7 months ago

Child Can’t Be in Live-in Relationship... Not Only Immoral But Also Illegal: Allahabad HC

News 18  

The Allahabad High Court recently observed that a child cannot have a live-in relationship, as this would be an act not only immoral but also illegal. The high court was dealing with a writ petition moved by a 19-year-old Hindu girl seeking directions to quash a case registered against her 17-year-old Muslim live-in partner, under sections of the IPC pertaining …

Punjab & Haryana HC Allows 9-Yr-Old To Stay With Maternal Grandmother After Mother Fails To Save Her From Sexual Abuse By Step Father
1 year, 11 months ago

Punjab & Haryana HC Allows 9-Yr-Old To Stay With Maternal Grandmother After Mother Fails To Save Her From Sexual Abuse By Step Father

Live Law  

Ruling that if the custody of either of the parents does not promote the child's welfare, it can be handed over to a third person, the Punjab and Haryana High Court has refused to hand over a 9-year-old girl to her mother, while allowing the maternal grandmother to retain her custody. Lastly, the petitioner contended that there existed a grave …

‘Accused Needs Counselling’: Allahabad HC Denies Bail to Juvenile Teacher for Sexually Assaulting 8-Year-Old
2 years, 4 months ago

‘Accused Needs Counselling’: Allahabad HC Denies Bail to Juvenile Teacher for Sexually Assaulting 8-Year-Old

News 18  

The Allahabad High Court has denied bail to a juvenile, accused of sexually assaulting his eight-year-old student when she came to study religious scriptures from him. Accordingly, it dismissed the criminal revision petition moved by the juvenile challenging the bail rejection order of the Juvenile Justice Board, Kasganj, which was affirmed by the Special Judge, Act, Kasganj, and held that …

Allahabad HC Upholds Conviction Of Man Who Raped A 10 Y/O Girl 43 Years Ago, Sends Him To Jail To Serve Remaining Sentence
2 years, 4 months ago

Allahabad HC Upholds Conviction Of Man Who Raped A 10 Y/O Girl 43 Years Ago, Sends Him To Jail To Serve Remaining Sentence

Live Law  

The Allahabad High Court on Tuesday upheld the conviction of a man who raped a 10-year-old girl 43 years ago after finding the testimony of the victim to be reliable. High Court's observations Having perused the evidence on record, the Court, at the outset rejected the argument of the defece that the doctor and the IO were not examined, as …

Allahabad High Court grants bail to rape accused on condition that he marries the victim
2 years, 5 months ago

Allahabad High Court grants bail to rape accused on condition that he marries the victim

The Hindu  

A man booked under the Protection of Children from Sexual Offences Act for rape was granted bail by the Allahabad High Court on condition that he will marry the victim and will accept her child as daughter. In the bail order, the Bench of Justice Dinesh Kumar Singh said the victim and her father had no objection if the accused …

Allahabad High Court Denies Bail To POCSO Accused Who Married Minor, Established Physical Relation With Her 'Consent'
2 years, 5 months ago

Allahabad High Court Denies Bail To POCSO Accused Who Married Minor, Established Physical Relation With Her 'Consent'

Live Law  

The Allahabad High Court recently denied bail to a man accused of raping a minor girl after marrying her with her consent as the Court noted that the consent of the minor is no consent at all.The bench of Justice Sadhna Rani opined that even if the minor she left her home, solemnized marriage, and had physical relations with the …

"Can't Detain Minor In Protection Homes Against Her Wishes": Allahabad High Court Grants Minor Victim's Custody To Mother
2 years, 8 months ago

"Can't Detain Minor In Protection Homes Against Her Wishes": Allahabad High Court Grants Minor Victim's Custody To Mother

Live Law  

The Allahabad High Court has observed that even a minor has a right to keep her person and even the parents cannot compel the detention of a minor against her will unless there is some other reason for it.The bench of Justice Sanjay Kumar Singh observed thus while granting the custody of minor victim to her mother after ascertaining. The …

Allahabad HC Judge Recuses From Hearing Plea Of Prayagraj Violence Accused Javed's Wife Against Razing Of Her House
2 years, 9 months ago

Allahabad HC Judge Recuses From Hearing Plea Of Prayagraj Violence Accused Javed's Wife Against Razing Of Her House

Live Law  

For the uninitiated, the Prayagraj Local authorities had demolished the home of Javed Mohammad, a leader of the Welfare Party of India and the father of activist Afreen Fatima on June 12. In her plea, Fatima has stated that the allegation of the Prayagraj Development Authority that the map of the house had not been sanctioned and as such the …

No Desertion/Cruelty If Wife Visits Her Parents' House Frequently Without Taking Husband's Consent: Allahabad High Court
2 years, 9 months ago

No Desertion/Cruelty If Wife Visits Her Parents' House Frequently Without Taking Husband's Consent: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the act of the wife in visiting her parents house frequently without taking consent of her husband and other family members can neither constitute the offence of desertion nor amounts to cruelty.The Bench of Justice Sunita Agarwal and Justice Krishan Pahal observed thus as it allowed an appeal filed by the Appellant/wife challenging …

Girl Who Had Inter-Caste Marriage Abducted From Advocate's Chamber: Allahabad HC Orders SSP/SP To Look Into 'Unfortunate' Matter
2 years, 11 months ago

Girl Who Had Inter-Caste Marriage Abducted From Advocate's Chamber: Allahabad HC Orders SSP/SP To Look Into 'Unfortunate' Matter

Live Law  

Calling it an unfortunate issue, the Allahabad High Court on Wednesday directed the Senior Superintendent of Police, Prayagraj / Superintendent of Police, Jaunpur to produce the girl who had an intercaste marriage and was abducted from the chamber of the advocate forcefully.The Bench of Justice Umesh Kumar was essentially dealing with the protection plea filed by a Girl who recently …

Interfaith Marriage- "Habeas Plea Not Maintainable On Apprehension Of Communal Tension": Allahabad HC Dismisses Girl's Father Plea
3 years, 4 months ago

Interfaith Marriage- "Habeas Plea Not Maintainable On Apprehension Of Communal Tension": Allahabad HC Dismisses Girl's Father Plea

Live Law  

The Allahabad High Court recently dismissed a habeas corpus plea filed by a father seeking the production of his daughter and a direction to set her free from the illegal detention of a man, a Hindu by religion.Taking into account the apprehension of the father regarding communal tension in the garb of a threat, if the alleged detenue is not …

She Is Major, Highly Educated, Can Decide Where To Go & Reside: Allahabad HC Orders Protection For Married Woman Residing With A Man
3 years, 4 months ago

She Is Major, Highly Educated, Can Decide Where To Go & Reside: Allahabad HC Orders Protection For Married Woman Residing With A Man

Live Law  

The Allahabad High Court on Thursday came to the rescue of a married woman who moved the High Court with her protection plea claiming that she is facing threats from her family members and therefore, sought direction to the police authorities to protect her and another man, with whom she is presently residing.The Bench of Justice Devendra Kumar Upadhyaya and …

Allahabad HC grants bail to man held under Uttar Pradesh's anti-conversion ordinance
3 years, 9 months ago

Allahabad HC grants bail to man held under Uttar Pradesh's anti-conversion ordinance

Firstpost  

Despite having a relationship with the accused for four years, the victim appears to have become aware of her rights suddenly after the promulgation of the ordinance, the judge said Allahabad: A man arrested under the stringent Uttar Pradesh anti-conversion ordinance for allegedly abducting and raping a woman and then seeking to convert her to his own religion for marrying …

Teenage Daughter Needs Mother To Share Issues Comfortably: Punjab And Haryana HC Upholds Daughter's Custody With Mother
4 years, 1 month ago

Teenage Daughter Needs Mother To Share Issues Comfortably: Punjab And Haryana HC Upholds Daughter's Custody With Mother

Live Law  

The Punjab & Haryana High Court last week observed that there are so many things that a daughter can't discuss with her father and as such mother is the best person to take care of her daughter at growing age. The matter before the Court The Father/Appellant of a 13-year-old daughter challenged the Judgment passed by the Family Court, Gurugram …

Allahabad HC Reprimands Gang-Rape Victim's Mother For False Affidavit Alleging Detention Of Daughter By Local Police [Read Order]
4 years, 5 months ago

Allahabad HC Reprimands Gang-Rape Victim's Mother For False Affidavit Alleging Detention Of Daughter By Local Police [Read Order]

Live Law  

The Allahabad High Court on Wednesday reprimanded the mother of a gang-rape for falsely alleging the detention of her daughter by the local police. The bench of Justices Shashi Kant Gupta and Pankaj Bhatia had on Tuesday taken cognisance of the alleged detention of the gang-rape victim in a police station, purportedly from a day after the court had pulled …

[Breaking] Allahabad HC Demands Production Of Gang-Rape Victim Allegedly Detained In Police Station, A Day After State Police Pulled Up For FIR Delay [Read Order]
4 years, 5 months ago

[Breaking] Allahabad HC Demands Production Of Gang-Rape Victim Allegedly Detained In Police Station, A Day After State Police Pulled Up For FIR Delay [Read Order]

Live Law  

The bench of Justices Shashi Kant Gupta and Pankaj Bhatia has directed the police to produce the girl before the court on Wednesday. The bench also ordered the SSP, Pyagraj, the present SHO of the concerned police station and the erstwhile SHO, who is now under suspension, to appear before the Court on Wednesday at 10 AM. Even as the …

Former Allahabad HC Judge And Wife Move HC Against Eviction From House By Son, HC Directs To Approach District Magistrate
4 years, 5 months ago

Former Allahabad HC Judge And Wife Move HC Against Eviction From House By Son, HC Directs To Approach District Magistrate

Live Law  

The Allahabad High Court on Thursday directed the District Magistrate, Prayagraj, to resolve a property title/ possession dispute between a former Judge of the Allahabad High Court and his son, within two months. They sought the Court's assistance while submitting that even though the Legislature has enacted the aforesaid laws for protection of senior citizens, no mechanism has been provided …

Can A Muslim Minor Girl Who Attained Puberty Be Allowed To Live With A Person Of Her Choice? SC To Examine
5 years, 6 months ago

Can A Muslim Minor Girl Who Attained Puberty Be Allowed To Live With A Person Of Her Choice? SC To Examine

Live Law  

The Supreme Court has agreed to examine the plea of a "minor" Muslim girl, who has been ordered to stay in a shelter home for women in Uttar Pradesh, after her marriage was found to be void by the Allahabad High Court. The apex court was hearing an appeal filed by the girl, who is 16-years-old as per a medical …

File Info On Release Of Minor Victims Of Crime Housed In Shelter Homes After Attaining Majority: Allahabad HC [Read Order]
6 years, 11 months ago

File Info On Release Of Minor Victims Of Crime Housed In Shelter Homes After Attaining Majority: Allahabad HC [Read Order]

Live Law  

The Allahabad High Court on Wednesday directed the State to provide information on minor victims of any crime who were lodged in Women Protection Homes across the State and have since attained the age of majority.The Bench comprising Justice Devendra Kumar Upadhyaya and Justice Dinesh Kumar Singh further demanded to be informed about any policy in place for release of …

Include divorced daughter within definition of Family for Compassionate Appointments: Allahabad HC to Govt. [Read Judgment]
9 years, 3 months ago

Include divorced daughter within definition of Family for Compassionate Appointments: Allahabad HC to Govt. [Read Judgment]

Live Law  

The Allahabad High Court has directed the Principal Secretary Law/Legal Remembrancer, U.P to take necessary steps with regard to the Uttar Pradesh Recruitment of Dependents of Government Servants Rules, 1974 which do not include a divorced daughter within the definition of family, for the purpose of compassionate appointments in the event of death of a government employee. The Allahabad High …

Include divorced daughter within definition of Family for Compassionate Appointments: Allahabad HC to Govt. [Read Judgment]
9 years, 3 months ago

Include divorced daughter within definition of Family for Compassionate Appointments: Allahabad HC to Govt. [Read Judgment]

Live Law  

The Allahabad High Court has directed the Principal Secretary Law/Legal Remembrancer, U.P to take necessary steps with regard to the Uttar Pradesh Recruitment of Dependents of Government Servants Rules, 1974 which do not include a divorced daughter within the definition of family, for the purpose of compassionate appointments in the event of death of a government employee. The Allahabad High …

Allahabad HC Order on Child of Rape Reinforces Patriarchal Notions
9 years, 4 months ago

Allahabad HC Order on Child of Rape Reinforces Patriarchal Notions

The Quint  

A stray observation made by the Allahabad High Court, with respect to the inheritance rights of children born as a result of rape, in a judgement delivered on November 3, has attracted attention for all the wrong reasons. While deciding on a matter arising out of a petition filed by a minor rape victim, seeking permission for the termination of …

Marriage of a Minor is not void, Allahabad HC allows a minor girl to live with her husband [Read the Judgment]
9 years, 6 months ago

Marriage of a Minor is not void, Allahabad HC allows a minor girl to live with her husband [Read the Judgment]

Live Law  

Lucknow Bench of Allahabad High Court recently in a Habeas Corpus petition, allowed a minor girl to live with her husband. A division bench comprising of Justices Ajai Lamba and Ashok Pal Singh held that even if a girl is a minor, her marriage cannot be said to be void. The Court also held that liberty of the girl, even …

Gujarat HC upholds marriage of minor girl under Muslim Personal Law [Read the Judgment]
10 years, 3 months ago

Gujarat HC upholds marriage of minor girl under Muslim Personal Law [Read the Judgment]

Live Law  

Upholding the marriage of a minor Muslim girl, Justice J.B. Pardiwala of the Gujarat High Court observed that, "According to the personal Law of Muslims, the girl no sooner she attains the puberty or completed 15 years, whichever is earlier, is competent to get married without the consent of her parents. Upholding the marriage of a minor Muslim girl, Justice …

HC pulls up police for minor girl's marriage
11 years, 6 months ago

HC pulls up police for minor girl's marriage

India TV News  

Chennai: Pulling up police for not taking proper action on a complaint of 'kidnap' of a minor girl, who went on to marry a man of her choice, Madras High Court yesterday deprecated the practice of weddings taking place in police stations with the blessings of the officials. Closing a Habeas Corpus Petition filed by the father of the 17-year-old …

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