'Earmark Share Of The Corpus And Her Child In Family Property' Gujarat HC Gave Unprecedented Order In Habeas Corpus Proceeding [Read Order]
4 years, 6 months ago

'Earmark Share Of The Corpus And Her Child In Family Property' Gujarat HC Gave Unprecedented Order In Habeas Corpus Proceeding [Read Order]

Live Law  

The Gujarat High Court on Tuesday passed an unprecedented order in a habeas corpus proceeding asking the parents of Respondent no. Court's Observation and Directions Noticing the fact that the attempts to bring about the amicable settlement between the parties had not materialized so far, due to oscillation on the part of the parents of the corpus, the court conversed with the mother of respondent no.4 as his father could not make it due to ill health. In view of this development, the Court directed gave the following direction: 1- The registration of birth of the child with the name of mother and father both; 2- The bank account of corpus shall be opened in the near future; 3- The parents of the boy since have volunteered to give a fixed amount to the petitioner herein, let the said amount deposited in the bank account of the corpus within three weeks. The court further said, "Any assistance required for bringing the documents or executing what had been volunteered by the parents of the boy, we have requested Mr. Brahmbhatt, learned Presiding Judge at Limkheda to extend the assistance to the police force so also to the corpus, if required.

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History of this topic

Cases Of Missing Persons Cannot Be Pursued Under Habeas Corpus Jurisdiction: MP High Court Reiterates
1 month, 2 weeks ago

Cases Of Missing Persons Cannot Be Pursued Under Habeas Corpus Jurisdiction: MP High Court Reiterates

Live Law  

While hearing a Habeas Corpus Petition, the Madhya Pradesh High Court has reiterated that cases of missing persons cannot be brought under the provision of Habeas Corpus and that such cases are to be filed under regular provisions of the penal law. The division bench of Justice Sanjeev Sachdeva and Justice Vinay Saraf observed, “Cases of missing persons cannot be …

Atul Subhash Case : Supreme Court Disposes Of Habeas Corpus Petition Filed By Mother Of Subhash To Know Whereabouts Of Child
2 months ago

Atul Subhash Case : Supreme Court Disposes Of Habeas Corpus Petition Filed By Mother Of Subhash To Know Whereabouts Of Child

Live Law  

The Supreme Court today disposed of a habeas corpus petition filed by Anju Devi, mother of Karnataka-based techie Atul Subhash, to know about the whereabouts of her grandson. A bench of Justices B.V. Nagarathna and Satish Chandra Sharma heard the matter in in-camera proceedings to maintain the privacy of the child. After the Court interacted with the child, it disposed …

Minor Son Brought To India By Mother In 2018 Is US Citizen, Illegal Migrant In India: Rajasthan HC Allows Father's Habeas Corpus Plea
3 months, 2 weeks ago

Minor Son Brought To India By Mother In 2018 Is US Citizen, Illegal Migrant In India: Rajasthan HC Allows Father's Habeas Corpus Plea

Live Law  

The Jaipur bench of the Rajasthan High Court allowed a habeas corpus plea filed by the father of a minor child was born and earlier residing in the US, was brought to India by his mother in 2018 and had not returned even after expiration of his visa, ruling that the child shall be considered an illegal migrant in India. …

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court
6 months ago

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that a habeas corpus plea seeking the release of the accused, who is in judicial custody by virtue of an order passed by a court of competent jurisdiction, and, whose regular bail application has also been dismissed by the trial Court concerned, is not maintainable.Justice Kuldeep Tiwari refused to entertain the habeas …

Rajasthan High Court Grants Custody Of 2-Yr-Old Child To Widow Who Was Accused Of Abetting Husband's Suicide By In-Laws
6 months, 2 weeks ago

Rajasthan High Court Grants Custody Of 2-Yr-Old Child To Widow Who Was Accused Of Abetting Husband's Suicide By In-Laws

Live Law  

Rajasthan High Court allowed a habeas corpus petition filed in relation to a 2-year-old by a widowed mother, accused of abetting the suicide of her husband by in-laws. The division bench of Justice Inderjeet Singh and Justice Bhuwan Goyal ruled that mother being the natural guardian and in sound financial position as opposed to the respondent-grandparents was entitled to the …

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]
11 months ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]

Live Law  

Citations 2024 LiveLaw 240 to 2024 LiveLaw 255 Arbitration and Conciliation Act 1996 Arbitration and Conciliation Act 1996; Section 78 – Arbitration clause – Two-Contract Case – When the parties enter into a contract, making a general reference to another contract, such general reference would not have the effect of incorporating the arbitration clause from the referred document into the …

Interfaith Marriage: Gujarat High Court Rejects Mother's Plea For Custody Of Adult Daughter, Says Not Abducted Or Confined Illegally
1 year, 8 months ago

Interfaith Marriage: Gujarat High Court Rejects Mother's Plea For Custody Of Adult Daughter, Says Not Abducted Or Confined Illegally

Live Law  

The Gujarat High Court dismissed a habeas corpus plea of a woman seeking custody of her adult daughter, who is said to have willingly entered into a marriage with a Muslim man. "All the documents produced by the petitioner herself is clear to establish that she is major and entered into a marriage, of course with a person of her …

Supreme Court Stays HC Direction Allowing Father To Take Custody Of Minor Girl From 'Adoptive' Parents
1 year, 8 months ago

Supreme Court Stays HC Direction Allowing Father To Take Custody Of Minor Girl From 'Adoptive' Parents

Live Law  

The Supreme Court, on Friday, stayed the order of Orissa High Court to the extent it directed restoration of custody of a minor girl child to her father. “There shall be an interim stay of the direction of the High Court directing the petitioners herein to handover custody of the minor child.to respondent No.2 until further orders.” A vacation Bench …

Doc in Preethi case appeals order
1 year, 8 months ago

Doc in Preethi case appeals order

Deccan Chronicle  

HYDERABAD: Justice M. Sudheer Kumar of the Telangana High Court on Wednesday issued notices to the Kaloji Narayana Rao University of Health Sciences and Kakatiya Medical College on a writ petition filed by suspended PG medical student Dr M.A. Habeas order given in baby’s case A two-judge bench of the Telangana High Court entertained a habeas corpus writ petition for …

Biological parents of child given for adoption file habeas corpus plea in Bombay HC
1 year, 10 months ago

Biological parents of child given for adoption file habeas corpus plea in Bombay HC

India Today  

The Bombay High Court has granted five weeks' time to a Mumbai couple to get a stay from another bench of the high court on an order of the Mumbai Civil court, which had directed them to return their adopted child to its biological parents. The bench of Justices Revati Mohite Dere and Sharmila Deshmukh were hearing a habeas corpus …

International Child Removal To India And The Balancing Factors In A Writ Of Habeas Corpus: Show Me The ‘Baby’
1 year, 11 months ago

International Child Removal To India And The Balancing Factors In A Writ Of Habeas Corpus: Show Me The ‘Baby’

Live Law  

Indian case law extensively covers matters concerning international parental child removal to India from a foreign country. Consequently, in most cases, the left-behind parent is constrained to approach the jurisdictionally appropriate court in his or her home country for an ‘emergency custody order’ requiring the child's return by a set date. The court in this case noted that, “unless, the …

Division Bench’s Directions Contrary To Principles Laid Down By Supreme Court: Madras High Court Single Judge On Custody Battle For US-Born Twins
2 years, 1 month ago

Division Bench’s Directions Contrary To Principles Laid Down By Supreme Court: Madras High Court Single Judge On Custody Battle For US-Born Twins

Live Law  

Nearly a month after a division bench of Madras High Court directed a woman to hand over her twin sons to their father in the US, a single judge of the high court said the 15-year-old twins are not "mere minors" but "matured minors" who cannot be treated as properties to be handed over to a person "with whom the …

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court
2 years, 4 months ago

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court

Live Law  

The Gujarat High Court, while dealing with a plea filed by the mother of a minor child, recently held that the habeas corpus petition is maintainable even in matters of child custody, provided that detention of the minor child by the other parent or others is proved to be illegal and without any authority of law.The court made the observation …

Gujarat High Court Allows 'Habeas Corpus' Petition By Younger Son Seeking Parents' Custody From Elder Brother
2 years, 7 months ago

Gujarat High Court Allows 'Habeas Corpus' Petition By Younger Son Seeking Parents' Custody From Elder Brother

Live Law  

The Gujarat High Court has handed over the custody of an old and ailing couple to their younger son in a habeas corpus petition filed by the latter alleging mis-treatment and illegal detention of his parents by his elder brother, the Respondent. A division bench of Justices Vipul Pancholi and Sandeep Bhatt expressed shock at the Respondent's conduct in chambers, …

Father Violates Court Order By Taking 8 Year Old To Nepal: Delhi High Court Directs CBI To Issue Red Corner Notice On Mother's Habeas Corpus Plea
2 years, 10 months ago

Father Violates Court Order By Taking 8 Year Old To Nepal: Delhi High Court Directs CBI To Issue Red Corner Notice On Mother's Habeas Corpus Plea

Live Law  

The Delhi High Court has directed the Central Bureau of Investigation to take necessary steps for issuance of Red Corner Notice against a father, a US citizen, who took his 8 year old daughter to Nepal in violation of Court orders despite being involved in child custody battle with the wife.Noting the continuing contemptuous conduct of the father, a division …

Maharashtra: Nawab Malik seeks hearing of plea in Supreme Court in money laundering case
2 years, 11 months ago

Maharashtra: Nawab Malik seeks hearing of plea in Supreme Court in money laundering case

India TV News  

Highlights SC agreed to consider listing for hearing the appeal of jailed NCP leader Nawab Malik Malik had filed a habeas corpus plea in the high court claiming that his arrest was illegal Malik was arrested by the ED over a property deal allegedly linked to the aides of gangster Dawood The Supreme Court on Wednesday agreed to consider listing …

MP High Court Directs Husband Accused Of Beating Wife To Stay At In-Laws House For 1 Month To 'Reunite' Family
3 years ago

MP High Court Directs Husband Accused Of Beating Wife To Stay At In-Laws House For 1 Month To 'Reunite' Family

Live Law  

The Madhya Pradesh High Court recently directed a man who has been accused of beating his wife to live with his wife at his in-laws' place for one month "so that the family gets reunited for all times to come".The order came from the bench of Justice Rohit Arya on a habeas corpus plea filed by his wife seeking a …

Gujarat High Court Grants Joint Custody Of Differently Abled Corpus To His Father & Major Daughter
3 years, 1 month ago

Gujarat High Court Grants Joint Custody Of Differently Abled Corpus To His Father & Major Daughter

Live Law  

In a peculiar case, where the corpus lost his memory up to 95% and his wife died by committing suicide, the Gujarat High Court has permitted the corpus' major daughter and his father to share joint custody of the corpus.The Bench comprising Justice Sonia Gokani and Justice Mauna Bhatt further directed that once the second daughter of the corpus becomes …

Father Can't File Habeas Corpus Petition To Seek Child's Custody From Mother: Karnataka High Court Imposes 50K Cost
3 years, 1 month ago

Father Can't File Habeas Corpus Petition To Seek Child's Custody From Mother: Karnataka High Court Imposes 50K Cost

Live Law  

Observing that "Litigants and members of the Bar appear to have not understood the importance and seriousness of this extraordinary writ of Habeas Corpus," the Karnataka High Court recently dismissed a petition filed by a father seeking directions to produce his 2 year old girl before the court, who is in safe custody of her mother. Wife opposed the plea: …

Can't Examine Validity Of Order Passed By Child Welfare Committee Under JJ Act In Writ Of Habeas Corpus: Rajasthan High Court
3 years, 2 months ago

Can't Examine Validity Of Order Passed By Child Welfare Committee Under JJ Act In Writ Of Habeas Corpus: Rajasthan High Court

Live Law  

The Rajasthan High Court has observed that validity of an order passed by the Child Welfare Committee under the Juvenile Justice Act, 2015 cannot be examined in a writ of habeas corpus. "It is trite to state that validity of an order passed by the Child Welfare Committee under the Juvenile Justice Act, 2015 cannot be examined in a writ …

'CWC Acted Beyond The Scope Of Juvenile Justice Act': Madras High Court Returns The Custody Of Child To Adoptive Mother
3 years, 3 months ago

'CWC Acted Beyond The Scope Of Juvenile Justice Act': Madras High Court Returns The Custody Of Child To Adoptive Mother

Live Law  

Madras High Court has recently set aside an order of the Child Welfare Committee to lodge a child in one of the reception homes in a custody battle between the adoptive mother and the biological mother. A Division Bench of Justice P.N Prakash and Justice R. Hemalatha was hearing two habeas corpus petitions filed by the biological mother and the …

Assertion That Corpus Is Abducted By Unknown Miscreants Isn't Sufficient To Invoke Habeas Corpus Writ: Madhya Pradesh High Court
3 years, 5 months ago

Assertion That Corpus Is Abducted By Unknown Miscreants Isn't Sufficient To Invoke Habeas Corpus Writ: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently ruled that only an assertion that the corpus has been abducted by some unknown miscreants, is not sufficient to seek issuance of a writ of habeas corpus.The Bench of Justice S. A. Dharmadhikari further held that the condition precedent for instituting a writ of habeas corpus is that the person for whose release, the …

Uttarakhand High Court Grants Minor's Custody To Maternal Uncle On Habeas Corpus Plea
3 years, 9 months ago

Uttarakhand High Court Grants Minor's Custody To Maternal Uncle On Habeas Corpus Plea

Live Law  

Noting that the maternal uncle of a minor has sufficient means to look after him, the Uttarakhand High Court on Wednesday handed over the custody of a 17-Year-old to his maternal uncle on a habeas corpus plea seeking custody of minor against his own father.The Bench of Justice R. C. Khulbe ordered thus while noting that the minor has crossed …

Whether Writ Of Habeas Corpus Maintainable Against Judicial Order Sending A Juvenile To A Juvenile Home? Allahabad High Court FB To Decide
4 years, 3 months ago

Whether Writ Of Habeas Corpus Maintainable Against Judicial Order Sending A Juvenile To A Juvenile Home? Allahabad High Court FB To Decide

Live Law  

A Division Bench of the Allahabad High Court on Tuesday made a reference to a Full Bench, seeking to decide the issue whether a writ of habeas corpus is maintainable against an order passed by a Judicial Magistrate/ Child Welfare Committee, sending a corpus to the Juvenile Home/ Nari Niketan/ Child Care Home. Precedents in State's favour In Saurabh Pandey …

The Supreme Court sets at naught the solemn guarantee of the writ of habeas corpus
4 years, 3 months ago

The Supreme Court sets at naught the solemn guarantee of the writ of habeas corpus

The Hindu  

I F Justice Dhananjai Chandrachud imagined that the ornate, florid prose in his judgment in Arnab Goswami’s case would win him plaudits, the flurry of editorials criticising it must have disillusioned him, especially the criticism that followed another case which came soon after, exposing double standards. Yogi has bought whole pages of expensive The very next day, on October 6, …

Amid Depleting Sex Ratio, Legal Battles Fought Over Daughters To Give Them Away As Brides For Monetary Consideration: Gujarat HC [Read Order]
4 years, 5 months ago

Amid Depleting Sex Ratio, Legal Battles Fought Over Daughters To Give Them Away As Brides For Monetary Consideration: Gujarat HC [Read Order]

Live Law  

Concerned over the depleting sex ratio in the state, the Gujarat High Court expressed its shock at the "illegal and unpalatable incidents" where "legal battles are fought over daughters, neither for protecting her nor with a desire to ensure her happiness, but only with a view that the giving away of the bride in lieu of monetary consideration become possible". …

Although POCSO Introduced To Protect Girl Child, Legal Awareness Needed To Simultaneously Protect Young Boys From Label Of 'Offender': Gujarat HC [Read Order]
4 years, 8 months ago

Although POCSO Introduced To Protect Girl Child, Legal Awareness Needed To Simultaneously Protect Young Boys From Label Of 'Offender': Gujarat HC [Read Order]

Live Law  

The Gujarat High Court on Monday expressed concern that "young boys who themselves are not major, many a times without realizing the consequences of their act, or "many a times actuated by frenzy of youth", "eventually label themselves as offenders in the matters of POCSO". Noticing that "the respondent no.5 is himself a minor and is yet to be found", …

Writ In Nature Of Habeas Corpus Maintainable In Matters Of Child Custody: Madhya Pradesh [Read Judgment]
4 years, 9 months ago

Writ In Nature Of Habeas Corpus Maintainable In Matters Of Child Custody: Madhya Pradesh [Read Judgment]

Live Law  

The Madhya Pradesh High Court recently allowed a habeas corpus petition, which in effect pertained to the custody of a 2 year old boy, holding US citizenship. Emphasizing on the family law principle that "welfare of the child is of paramount importance", the bench of Justice SC Sharma examined the issue whether a Habeas Corpus petition is maintainable in respect …

Habeas Corpus Not Maintainable When Detention Is Under The Witness Protection Scheme, 2018: MP HC [Read Judgment]
5 years, 3 months ago

Habeas Corpus Not Maintainable When Detention Is Under The Witness Protection Scheme, 2018: MP HC [Read Judgment]

Live Law  

The Indore bench of the Madhya Pradesh High Court has held that a petition in the nature of habeas corpus is not maintainable in cases where the detention is made for protection of witnesses, as envisaged under the Witness Protection Scheme, 2018. Witness Protection Scheme, 2018 provides for protection of witnesses based on the threat assessment and protection measures inter …

Habeas Corpus Hearings : Then & Now
5 years, 6 months ago

Habeas Corpus Hearings : Then & Now

Live Law  

The great constitutional theorist A.V. Dicey said about the Habeas corpus writs that while they "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty" The Supreme Court of India in 1966 said "This writ has been described by John Marshall, C.J., as "a great constitutional privilege". First, there …

Lie Detector/Brain Mapping/Narco Analysis Tests Can’t Be Ordered While Considering Bail Plea: SC Pulls Up Gujarat HC For Disclosing Identity Of Victim [Read Order]
6 years, 4 months ago

Lie Detector/Brain Mapping/Narco Analysis Tests Can’t Be Ordered While Considering Bail Plea: SC Pulls Up Gujarat HC For Disclosing Identity Of Victim [Read Order]

Live Law  

“In the instant case, by ordering the above mentioned tests and venturing into the reports of the same with meticulous details, the High Court has converted the adjudication of a bail matter to that of a mini-trial indeed.”The Supreme Court on Monday quashed a Gujarat High Court judgment that had ordered lie detector, brain mapping and narco-analysis tests on the …

Lie Detector/Brain Mapping/Narco Analysis Tests Can’t Be Ordered While Considering Bail Plea: SC Pulls Up Gujarat HC For Disclosing Identity Of Victim [Read Order]
6 years, 4 months ago

Lie Detector/Brain Mapping/Narco Analysis Tests Can’t Be Ordered While Considering Bail Plea: SC Pulls Up Gujarat HC For Disclosing Identity Of Victim [Read Order]

Live Law  

“In the instant case, by ordering the above mentioned tests and venturing into the reports of the same with meticulous details, the High Court has converted the adjudication of a bail matter to that of a mini-trial indeed.”The Supreme Court on Monday quashed a Gujarat High Court judgment that had ordered lie detector, brain mapping and narco-analysis tests on the …

“We Have ‘Comity Of Courts’”, Says SC; Dismisses Father’s Plea For Habeas Corpus Where Custody Is Assigned By Australian Court [Read Order]
7 years ago

“We Have ‘Comity Of Courts’”, Says SC; Dismisses Father’s Plea For Habeas Corpus Where Custody Is Assigned By Australian Court [Read Order]

Live Law  

In an interesting instance of a habeas corpus writ petition instituted by the father of a 13-year-old girl, the Supreme Court bench of Chief Justice Dipak Misra, Justice DY Chandrachud and Justice AM Khanwilkar on Monday reasserted the principle of ‘Comity of Courts’.The facts of the case were that the biological mother of the girl had passed away soon after …

Writ Of Habeas Corpus Can’t Be Used For Mere Enforcement Of A Foreign Court’s Order: SC [Read Judgment]
7 years, 8 months ago

Writ Of Habeas Corpus Can’t Be Used For Mere Enforcement Of A Foreign Court’s Order: SC [Read Judgment]

Live Law  

A pre-existing order of a foreign court can be reckoned only as one of the factor to be taken into consideration, the Bench observed.While reversing an order of the Delhi High Court, which directed a mother to comply with the direction of a court in the United Kingdom to produce her child before it, the Supreme Court, in Nithya Anand …

Habeas Corpus Writ Can’t Be Issued For Person Committed To Custody Under Court Order: Karnataka HC [Read Judgment]
7 years, 9 months ago

Habeas Corpus Writ Can’t Be Issued For Person Committed To Custody Under Court Order: Karnataka HC [Read Judgment]

Live Law  

Habeas corpus is not available to question the correctness of a decision of the legally constituted court of competent jurisdiction, the bench said.The Karnataka High Court has observed that habeas corpus cannot be granted when a person has been committed to custody under an order from a competent court.The father had filed the petition seeking the release of his 3-year-old …

Parental Control Different From Illegal Custody: Madras HC [Read Judgment]
8 years ago

Parental Control Different From Illegal Custody: Madras HC [Read Judgment]

Live Law  

The High Court of Madras recently 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.” “According to the petitioner, he is sister's son of respondent No.3. In the light of the decisions stated …

Writ of Habeas Corpus not maintainable when a Court Order, giving custody of minor girl to her father, is in existence: Allahabad HC
8 years, 7 months ago

Writ of Habeas Corpus not maintainable when a Court Order, giving custody of minor girl to her father, is in existence: Allahabad HC

Live Law  

Allahabad High Court has recently examined the issue regarding the maintainability of writ of Habeas corpus when an order of competent court/magistrate court is in existence for giving the minor girl in the custody of father after she was recovered during the investigation upon an FIR lodged under Sections 363 and 366 IPC.The petition has been filed to issue a …

Writ of Habeas Corpus not maintainable when a Court Order, giving custody of minor girl to her father, is in existence: Allahabad HC
8 years, 7 months ago

Writ of Habeas Corpus not maintainable when a Court Order, giving custody of minor girl to her father, is in existence: Allahabad HC

Live Law  

Allahabad High Court has recently examined the issue regarding the maintainability of writ of Habeas corpus when an order of competent court/magistrate court is in existence for giving the minor girl in the custody of father after she was recovered during the investigation upon an FIR lodged under Sections 363 and 366 IPC.The petition has been filed to issue a …

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