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 they had two children, a daughter in 2015 and subsequently a son. The Habeas corpus proceedings is a medium through which custody of child is addressed to the discretion of the Court.” The court found it appropriate to send the minor girl with the mother who was a homemaker considering that the child was 7 years old and the respondent was working. Therefore, we are of the considered view that it is just and necessary to give custody of the minor child to her mother, the petitioner,” the Court observed while allowing the petition.

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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, 19 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 …

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 — …

Telangana HC Directs CWC to Decide on Kids’ Custody
1 month, 2 weeks ago

Telangana HC Directs CWC to Decide on Kids’ Custody

Deccan Chronicle  

Hyderabad: The Telangana High Court directed the child welfare committee to issue orders expeditiously to decide who has to take care of the 15 children placed in its custody — the biological parents or those who adopted the infants. The court also directed the authorities to decide on the applications filed by adoptive parents seeking adoption of the children within …

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 …

Telangana youth, parents held for ‘kidnapping’ minor from Eluru district of Andhra Pradesh
4 months ago

Telangana youth, parents held for ‘kidnapping’ minor from Eluru district of Andhra Pradesh

The Hindu  

The police arrested a youth and his parents on charges of kidnapping a minor girl hailing from Dwaraka Tirumala mandal in Eluru district on September 13 on the pretext of marriage. The main accused, identified as Gandikota Dasarath hailing from Jakranpalli village Nizamabad district of Telangana met the 14-year-old girl on social media. He convinced the minor and her parents …

"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 …

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 …

Legal Briefs | Telangana HC dismisses parent’s writ on minor passport
9 months, 1 week ago

Legal Briefs | Telangana HC dismisses parent’s writ on minor passport

Deccan Chronicle  

Hyderabad: A two-judge panel of the Telangana High Court on Tuesday refused to interfere with an order of single judge directing the Regional Passport Office to consider the application for renewing passport of a minor girl. The panel comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti was dealing with a writ appeal filed by the father. HC seeks …

HC restores house to sexagenarian parents
1 year, 1 month ago

HC restores house to sexagenarian parents

Deccan Chronicle  

Hyderabad: Justice C.V. Bhaskar Reddy of the Telangana High Court restored possession of a house to a sexagenarian couple from their son. Child custody case closed A two-judge bench of the Telangana High Court on Tuesday closed a civil appeal dealing with the custody of a minor child. HC directs presence of Karimnagar officials Justice T. Vinod Kumar of the …

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 …

Telangana HC: Adopted child loses right in biological parents' property
1 year, 6 months ago

Telangana HC: Adopted child loses right in biological parents' property

Deccan Chronicle  

Hyderabad: The full bench of the Telangana High Court made it clear that an adopted child would cease to be the coparcener of the family of his or her birth and would forgo interest in their ancestral property. However, the court said, the adopted child would have the right if the partition had taken place in the birth family before …

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 …

Hyderabad Gang Rape: Telangana High Court Sets Aside Magistrate's Decision To Try Juvenile As Adult, Says Entire Assessment Done In One Day
1 year, 8 months ago

Hyderabad Gang Rape: Telangana High Court Sets Aside Magistrate's Decision To Try Juvenile As Adult, Says Entire Assessment Done In One Day

Live Law  

The Telangana High Court has set aside the order of a Magistrate to try a juvenile as an adult in the Jubilee Hills gang rape case.In June 2022, five minors and one major accused were arrested for the gang rape of a 17 years old girl in a car in Jubilee Hills area near Hyderabad. The Telangana High Court has …

Revisional Court Cannot Set Aside Findings Of Facts Recorded By Lower Court And Substitute Its Own Findings: Telangana High Court
1 year, 9 months ago

Revisional Court Cannot Set Aside Findings Of Facts Recorded By Lower Court And Substitute Its Own Findings: Telangana High Court

Live Law  

The Telangana High Court on Monday reiterated that the revisional Court has no jurisdiction to set aside the findings of facts recorded by a subordinate Court and substitute its own findings. The bench was hearing a criminal revision case filed by the petitioner-husband challenging the order of the Family Court which enhanced the maintenance amount on a petition filed filed …

If Child Works Voluntarily Then Sections 75 & 79 Of Juvenile Justice Act Do Not Apply: Telangana High Court
2 years ago

If Child Works Voluntarily Then Sections 75 & 79 Of Juvenile Justice Act Do Not Apply: Telangana High Court

Live Law  

In a recent order, Justice K. Surender of Telangana High Court held that where a juvenile who works voluntarily, Sections 75 and 79 of the Juvenile Justice Act, 2015 do not apply. The facts of the case were that the volunteer in District Child Protection Unit, Medchal District along with team deployed for operation Muskan conducted search for rescuing children …

Plea seeking custody of girl in rescue home rejected
2 years, 1 month ago

Plea seeking custody of girl in rescue home rejected

Deccan Chronicle  

HYDERABAD: Justice Surender of the Telangana High Court on Thursday rejected the plea of a person who was seeking custody of a minor girl from a rescue home on court orders. In a report submitted by Prajwala Rescue Home as directed by the court, it said that the victim belongs to a sect, which was into prostitution business and from …

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 …

Hyderabad continues to report rape cases involving minors; number rises to 5 in week
2 years, 7 months ago

Hyderabad continues to report rape cases involving minors; number rises to 5 in week

India TV News  

Highlights The first case was reported on Monday at the Ramgopalpet Police station The second case was reported at Rajendernagar Police station limits The accused in both the cases have been arrested which involved a juvenile in the second case Rape incidents involving minors are on the rise in Hyderabad, as the city reported its fifth case in a week …

Child marriages remain a bane for Telangana girls
2 years, 7 months ago

Child marriages remain a bane for Telangana girls

Deccan Chronicle  

Hyderabad: According to a 2019-2021 national family health survey report, around 27 per cent of women in Telangana get married before the legal minimum age of 18 years. Devi said that parents want to get their teenage daughter married as soon as they find out about her affair as they think that this could bring disrepute to the family. The …

'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: …

Parents Not Grand Parents Are Best Guardians Of A Minor : Karnataka HC [Read Judgment]
5 years, 6 months ago

Parents Not Grand Parents Are Best Guardians Of A Minor : Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has said that "Parents rather than the grand parents are the best guardians of a minor child." A division bench of Justice B V Nagarathna and Justice K Natarajan in their order of July 3, said "Howsoever affectionate the maternal grand-parents may be and they may take every care to bring up the child, the same …

Telangana: In a first, 19-year-old gets RI for life for unnatural sex, killing minor as a juvenile
5 years, 6 months ago

Telangana: In a first, 19-year-old gets RI for life for unnatural sex, killing minor as a juvenile

India TV News  

For the first time in the country, a court in Hyderabad on Thursday sentenced a 19-year-old man to rigorous life imprisonment for having unnatural sex with a minor boy and murdering him two years ago as a juvenile. The Telangana Police, in a press release, said it the first time in the country that an accused, who was a juvenile …

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. …

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 …

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 …

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