Telangana high court says dad's visit to child can't be limited
5 years, 11 months ago

Telangana high court says dad's visit to child can't be limited

Deccan Chronicle  

Hyderabad: A father cannot be deprived of visitation rights to his children or their temporary custody on the ground that he lived alone and consumed alcohol in the children’s presence making them fall ill, the Telangana High Court has ruled. Dealing with an appeal from a mother who sought to stay a Khammam district court order permitting the father’s custody of two children during the entire school vacations, including holidays, a division bench comprising Justice Raghavendra Singh Chauhan and Justice T. Amarnath Goud refused the mother’s plea and said the father had equal rights to enjoy the company of his kids. The Khammam district court had given permanent custody of the two minor children to their mother and interim custody during vacations and holidays to the father. Aggrieved by this order, Kalpana had approached the high court, seeking to modify the district court’s order and limit visitation rights given to the father.

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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 …

Telangana High Court Acquits Rape Convict After Noting That Minor Girl's Testimony Appeared To Be Tutored
2 weeks, 1 day ago

Telangana High Court Acquits Rape Convict After Noting That Minor Girl's Testimony Appeared To Be Tutored

Live Law  

Justice K. Surender in his order said, " The evidence of a child witness can easily be influenced by the elders in the family. While acquitting a man who was convicted by the trial court for raping a minor girl after taking note of her, the Telangana High Court observed that the evidence of the child witness in the present …

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court
2 weeks, 2 days ago

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court

Live Law  

Observing that the health of a child cannot be compromised while deciding the disputes between the parents, the Supreme Court recently modified the directions allowing interim visitation rights to a father.A bench of Justices Vikram Nath and PB Varale allowed an appeal against the order of the Madras High Court to a limited extent of modifying the place of visitation …

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court
2 weeks, 2 days ago

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court

Live Law  

Observing that the health of a child cannot be compromised while deciding the disputes between the parents, the Supreme Court recently modified the directions allowing interim visitation rights to a father. By the said order, the High Court dismissed the Appellant-mother's Miscellaneous Appeal and upheld the interim visitation rights granted to the Respondent-father. Keeping in mind the best interest of …

Telangana HC orders man to hand over custody of minor son to estranged American wife
1 month ago

Telangana HC orders man to hand over custody of minor son to estranged American wife

New Indian Express  

HYDERABAD: Allowing a habeas corpus petition filed by Sara Bhayaraju, a US resident, seeking custody of her minor son, Saatvik Gary Bhayaraju, the Telangana High Court has directed the respondent, Umesh Bhayaraju, a resident of Hyderabad, to hand over the custody of the child, along with his passport and medical records to the petitioner by December 14, 2024. A bench …

Bench sets aside order on adoption of children in Telangana
1 month, 2 weeks ago

Bench sets aside order on adoption of children in Telangana

New Indian Express  

HYDERABAD: The Telangana High Court has set aside a single judge’s order in a batch of writ petitions concerning the custody and adoption of minor children under the Juvenile Justice Act, 2015. A bench of Chief Justice Alok Aradhe and Justice J Sreenivas Rao emphasised that the statutory provisions under Sections 36, 37, and 38 of the 2015 Act — …

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 …

No 'Illegal' Detention: Gujarat High Court Rejects Pakistani Father's Plea For Custody Of Minor Son Brought To India By Mother
2 months, 1 week ago

No 'Illegal' Detention: Gujarat High Court Rejects Pakistani Father's Plea For Custody Of Minor Son Brought To India By Mother

Live Law  

The Gujarat High Court has rejected a plea filed by a Pakistani man seeking custody of his 4-year-old son, who allegedly was brought to India by his mother. In its judgement, a division bench comprising Justices Sangeeta K Vishen and Sanjeev J Thaker observed, “The minor Azlaan aged 4 years, is in the custody of his mother and hence, it …

"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 …

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 …

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 …

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 …

Stepmothers May Not Show Same Affection for Kids as Biological Mothers, Says K'taka HC in Custody Battle
3 years ago

Stepmothers May Not Show Same Affection for Kids as Biological Mothers, Says K'taka HC in Custody Battle

News 18  

The Karnataka High Court denied interim custody order of a child to the father on the grounds that he had remarried and the step mother would not be able to take care of and show affection to children which biological mothers instinctively would. A single-judge bench comprising Justice Krishna S Dixit dismissed a petition challenging a family court order in …

'A Parent Cannot Be A Guest In The Life Of Their Child': Telangana High Court Insists On Granting Overnight Custody To Each Parent
4 years ago

'A Parent Cannot Be A Guest In The Life Of Their Child': Telangana High Court Insists On Granting Overnight Custody To Each Parent

Live Law  

"A parent cannot be a guest in the life of their child. If visitation rights only are granted for limited hours, it may not be sufficient for the child to have comfortable time with the father or mother, whoever may be the case," remarked the Telangana High Court recently. Vide order dated December 13, 2019, the Family Court had ordered: …

Telangana High Court clarifies on domestic violence
5 years, 8 months ago

Telangana High Court clarifies on domestic violence

Deccan Chronicle  

Hyderabad: The Telangana High Court clarified that a case under 498-A or an application under Section 12 of the Domestic Violence Act against the husband amounts to an abuse of process of law when the marriage between the parties has been declared as null and void. Justice Shameem Akther was dealing with a petition of retired Major Pankaj Rai, urging …

Hyderabad: Nooty Rammohan Rao’s grandchild custody to mother
5 years, 8 months ago

Hyderabad: Nooty Rammohan Rao’s grandchild custody to mother

Deccan Chronicle  

Hyderabad: When two-and-a-half hours of counselling did not have the desired result of reconciling a husband and wife for the sake of their children, the Telangana High Court gave custody of the girl child Risitha, granddaughter of retired judge Justice Nooty Rammohan Rao, to her mother. Concerned over the welfare and psychological well being of the children when their parents …

Consider child’s welfare not statute
5 years, 9 months ago

Consider child’s welfare not statute

Deccan Chronicle  

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

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