Three and a half year old child is too young to be given in overnight access to father: Bombay HC [Read the Order]
9 years, 4 months ago

Three and a half year old child is too young to be given in overnight access to father: Bombay HC [Read the Order]

Live Law  

Bombay High Court on Monday stayed an order of interim relief granted by the Family Court, taking into consideration the age of the child while granting overnight access to the father.The mother had challenged the order dated November 6, 2015 passed by Family Court, Mumbai, granting overnight access to the custody of a 3 year old child to the husband for a period of 10 days from November 9. Bombay High Court on Monday stayed an order of interim relief granted by the Family Court, taking into consideration the age of the child while granting overnight access to the father. The mother had challenged the order dated November 6, 2015 passed by Family Court, Mumbai, granting overnight access to the custody of a 3 year old child to the husband for a period of 10 days from November 9 to November 19. Achliya was of the opinion that there was no reason to have passed such an order of granting overnight access for a period of 10 days, “that too in respect of a child aged about 3.1/2 years.” The Court then stayed this order and directed the matter to be listed on November 16 for hearing on the interim relief.

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History of this topic

HC refuses to stop POCSO-accused woman’s access to minor daughter
2 months, 3 weeks ago

HC refuses to stop POCSO-accused woman’s access to minor daughter

Hindustan Times  

MUMBAI: The Bombay high court on Tuesday refused to interfere with a Pune family court order, setting out an arrangement of sequential alternate access to a minor girl child, of 15 days each between her father and mother. A vacation bench of justice Somasekhar Sundaresan refused to pass any interim order on the petition filed by the woman’s estranged husband, …

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 …

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 …

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 …

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

'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, 3 months 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: …

Bombay HC Quashes Order Directing Husband To Visit IVF Expert To Fulfill Wife's Wish For Second Child [Read Judgment]
5 years, 3 months ago

Bombay HC Quashes Order Directing Husband To Visit IVF Expert To Fulfill Wife's Wish For Second Child [Read Judgment]

Live Law  

In a peculiar case, the Bombay High Court set aside an order of the Family Court, Nanded directing the husband to visit an In Vitro Fertilisation expert against his wishes in pursuance of the wife's desire for another child. Justice RV Ghuge of Aurangabad bench said that the family Court's order was "shocking to the judicial conscience of the Court." …

Child Has Right To The Affection Of Both His Parents, Says SC [Read Order]
5 years, 5 months ago

Child Has Right To The Affection Of Both His Parents, Says SC [Read Order]

Live Law  

A child has a right to the affection of both his parents, the Supreme Court remarked while considering a special leave petition filed by a father.Though it refused to interfere with the family court order granting custody of the child to the mother, the bench of Justice Deepak Gupta and Justice Surya Kant directed the Family Court to ensure that …

HC modifies family court order on man meeting 16-year-old son
5 years, 10 months ago

HC modifies family court order on man meeting 16-year-old son

The Hindu  

The Bombay High Court recently modified a family court order that made it mandatory for a 16-year-old boy to meet his father following a traumatising experience in the last meeting. She sought to stay an order passed by the family court that allowed her former husband to meet their son every Saturday in the court’s children’s complex. He has developed …

Visitation rights of grandparents towards grand children would also include overnight custody for shorter periods: Kerala HC [Read Judgment]
8 years, 11 months ago

Visitation rights of grandparents towards grand children would also include overnight custody for shorter periods: Kerala HC [Read Judgment]

Live Law  

A division bench of Kerala High Court comprising of Justices C.K Abdul Rehim and Shaji.P Chali in Biji &Another v Vijil &others has ruled that visitation rights of the grandparents towards their grand children is well recognized and the same also would certainly include overnight custody for shorter periods.The 1st respondent had. A division bench of Kerala High Court comprising …

Three and a half year old child is too young to be given in overnight access to father: Bombay HC [Read the Order]
9 years, 4 months ago

Three and a half year old child is too young to be given in overnight access to father: Bombay HC [Read the Order]

Live Law  

Bombay High Court on Monday stayed an order of interim relief granted by the Family Court, taking into consideration the age of the child while granting overnight access to the father.The mother had challenged the order dated November 6, 2015 passed by Family Court, Mumbai, granting overnight access to the custody of a 3 year old child to the husband …

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