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 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. High Court's observations At the outset, the Court noted that at the time of the filing of the petition, the detenue was 2 years old and presently around 3 years and 7 months old and it was undisputed that opposite party No.4 is facing rape charges.

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History of this topic

Atul Subhash Case : Supreme Court Disposes Of Habeas Corpus Petition Filed By Mother Of Subhash To Know Whereabouts Of Child
2 months, 1 week 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 …

Merely Submitting Adoption Plea Wouldn't Confer Any Rights To Unilaterally Take Child's Custody Without Following Procedure: Madras HC
2 months, 1 week ago

Merely Submitting Adoption Plea Wouldn't Confer Any Rights To Unilaterally Take Child's Custody Without Following Procedure: Madras HC

Live Law  

The Madras High Court has observed that merely submitting an application seeking adoption of a child would not confer any rights on the parties concerned to take custody of the child unilaterally without "scrupulously" following the due procedure. “Mere submission of an application seeking an adoption would not confer any right to take custody of a child unilaterally and declare …

Gujarat HC seeks govt's stand after father files plea over daughter's elopement with priest
3 months ago

Gujarat HC seeks govt's stand after father files plea over daughter's elopement with priest

Hindustan Times  

The Gujarat High Court has issued notices to the state government, Ahmedabad police commissioner and others on a habeas corpus plea filed by a man claiming his daughter eloped with a priest of ISKCON with gold and cash and illegally confined. Gujarat High Court The bench of Justices Sangeeta Vishen and Sanjeev Thaker issued notices on Tuesday to the government, …

Telangana HC orders man to hand over custody of minor son to estranged American wife
3 months, 1 week 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 …

Bombay High Court asserts autonomy of Hindu woman in interfaith relationship
3 months, 1 week ago

Bombay High Court asserts autonomy of Hindu woman in interfaith relationship

India Today  

The Bombay High Court said that a Hindu woman who has decided to marry a Muslim man not yet of marriageable age, will be allowed to make her own decision. The court also asserted that there is no question of anyone gaining custody of the woman, who is currently housed at a shelter home in Mumbai. The advocate also submitted …

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. …

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

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court
6 months, 1 week 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 …

"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband
6 months, 3 weeks ago

"Woman's Autonomy Not Defined By Family Obligation": HC Rejects Father's Plea For Custody Of Adult Daughter Living Separately From Husband

Live Law  

Observing that "the identity and autonomy of an adult woman are not defined by her relationships or familial obligations", the Punjab & Haryana High Court has rejected the habeas corpus plea of a father who sought custody of his 30-year-old daughter, allegedly for sending her back to her matrimonial home.Justice Manjari Nehru Kaul said, "the Constitution safeguards her right to …

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, 3 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 …

Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court
6 months, 3 weeks ago

Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court

Live Law  

In a significant order, the Aurangabad bench of the Bombay High Court held that custody matters pertaining to a child cannot be decided merely on the basis of the 'desire' of the child of a tender age since there are possibilities of 'tutoring' the child.Single-judge Justice Kishore Sant upheld the May 9, 2024 judgment of a Family Court in Aurangabad, …

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
8 months, 1 week 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 …

Punjab: Girl allegedly sold by live-in partner in Bahrain, fears for life
9 months, 2 weeks ago

Punjab: Girl allegedly sold by live-in partner in Bahrain, fears for life

Op India  

A Muslim youth and a non-Muslim girl lived together in the Phillaur area of Punjab’s Jalandhar. The high court heard the case and ordered the central government to confirm the safety of the girl through the Indian Embassy there. The girl’s family asserted in their petition that their daughter was living with a 19-year-old boy and left on 9th March …

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 …

HC orders Pune woman to handover custody of 8-yr-old daughter to US-based husband
10 months, 2 weeks ago

HC orders Pune woman to handover custody of 8-yr-old daughter to US-based husband

Hindustan Times  

MUMBAI: The Bombay high court on Wednesday directed a 33-year-old woman from Pune to hand over custody of her 8-year-old daughter to her estranged husband based in the United States. But they began drifting apart after that, and in September 2023, when they got separated, the husband approached the district court in Mecklenburg county seeking custody of his daughter. Whilst …

Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background
1 year, 1 month ago

Punjab & Haryana High Court Commutes Death Sentence Of Man Who Raped His Minor Daughter, Cites His Marginalised Background

Live Law  

The Punjab and Haryana High Court has commuted the death sentence imposed on a man convicted for raping his own minor daughter, considering that he belonged to a marginalised part of the society.A division bench of Justice GS Sandhawalia and Justice Lapita Banerji said, "No doubt that the act as such is horrific and there can be no sympathy shown …

SC orders immediate release of 25-year-old woman detained by her parents
1 year, 2 months ago

SC orders immediate release of 25-year-old woman detained by her parents

Hindustan Times  

Even a single day is one day too many when liberty of a person is involved, the Supreme Court held on Wednesday as it ordered immediate release of a 25-year-old woman illegally detained by her parents to stop her from being with a man of her choice and pursue a career in Dubai. On January 3, the Supreme Court bench …

Kerala High Court Dismisses Habeas Corpus Plea
1 year, 3 months ago

Kerala High Court Dismisses Habeas Corpus Plea

Live Law  

The Kerala High Court today closed the Habeas Corpus petition filed by the father of Dr Akhila @ Hadiya alleging that his daughter had been missing since the last month and they were unable to contact her. A division bench comprising Justice Anu Sivaraman and Justice C. Pratheep Kumar observed that Hadiya is not under any illegal detention and thus …

Punjab & Haryana High Court Refuses Permission To Terminate 33 Weeks Pregnancy Of Minor Rape Victim, Cites Threat To Life
1 year, 5 months ago

Punjab & Haryana High Court Refuses Permission To Terminate 33 Weeks Pregnancy Of Minor Rape Victim, Cites Threat To Life

Live Law  

Observing that abortion at such an advanced stage would "not only endanger the life of the minor victim but is likely to premature delivery of child", the Punjab & Haryana High Court has refused to direct termination of 33 weeks old pregnancy of a minor rape victim.The Medical board also opined that it will not be safe and would be …

Medical Intervention Alone Insufficient To Protect Autistic Child's Best Interest: Mother Moves Habeas Corpus Plea In Kerala HC Against Husband
1 year, 6 months ago

Medical Intervention Alone Insufficient To Protect Autistic Child's Best Interest: Mother Moves Habeas Corpus Plea In Kerala HC Against Husband

Live Law  

The Kerala High Court is set to hear a habeas corpus plea filed by a mother seeking to be united with her 21 years old Autistic child who is presently in UAE under the custody of the father. “ The writ petitions proceed on two contentions that the medical intervention alone would not be sufficient to protect the welfare of …

Interfaith Marriage: Gujarat High Court Rejects Mother's Plea For Custody Of Adult Daughter, Says Not Abducted Or Confined Illegally
1 year, 9 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 …

Uttarakhand High Court Allows Married Lady To Stay With 'Friend', Declines Habeas Corpus Plea Moved By Husband
1 year, 9 months ago

Uttarakhand High Court Allows Married Lady To Stay With 'Friend', Declines Habeas Corpus Plea Moved By Husband

Live Law  

The Uttarakhand High Court, while declining to issue the writ of habeas corpus in favour of a husband, has allowed his wife to stay with her friend with whom she is residing on her own free will. Thus, he filed a writ petition in the High Court seeking issuance of a writ of habeas corpus to get back his wife. …

Kerala High Court Closes Woman's Habeas Corpus Plea Seeking Release Of Lesbian Partner From Parental Custody
1 year, 9 months ago

Kerala High Court Closes Woman's Habeas Corpus Plea Seeking Release Of Lesbian Partner From Parental Custody

Live Law  

The Kerala High Court on Monday closed the habeas corpus petition filed by a 21 year old woman seeking the release of her lesbian partner from the custody of her family.The Division Bench comprising Justice P.B. Sureshkumar and Justice Shoba Annamma Eapen closed the petition on taking note of the petitioner's partner's/ the alleged detenu's statement that she wished to …

Mother Fails To Handover Child's Custody To Father Despite Judicial Order, Karnataka High Court Requires Her Employer To Hold Back Pay
1 year, 9 months ago

Mother Fails To Handover Child's Custody To Father Despite Judicial Order, Karnataka High Court Requires Her Employer To Hold Back Pay

Live Law  

The Karnataka High Court on Wednesday directed the Police to contact the employer of a woman who failed to handover custody of her minor child to her husband despite a judicial order, and ask the employer to hold back her pay. Court said not handing over custody of the minor child to father by the wife, even after orders are …

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, 9 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 …

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 …

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 …

'Mother Gave More Importance To Her Illicit Relationship, Moral Values Important For Child': Karnataka HC Orders Custody Of 7-Yr-Old Girl To Father
2 years, 1 month ago

'Mother Gave More Importance To Her Illicit Relationship, Moral Values Important For Child': Karnataka HC Orders Custody Of 7-Yr-Old Girl To Father

Live Law  

The Karnataka High Court recently upheld a family court order which directed the mother of a seven years old girl child to hand over the custody to child's father, after observing that she herself was more attentive towards her illicit relationship at work rather than welfare of her child. A division bench of Justice Alok Aradhe and Justice S Vishwajith …

Supreme Court Dismisses Habeas Plea Filed By Mother Alleging That Daughter-in-Law Was Not Treating Her Wheelchair-Bound Son
2 years, 4 months ago

Supreme Court Dismisses Habeas Plea Filed By Mother Alleging That Daughter-in-Law Was Not Treating Her Wheelchair-Bound Son

Live Law  

The Supreme Court, on Friday, dismissed a plea seeking issuance of writ of habeas corpus on the apprehension that the petitioner's son is not being afforded proper medical care by his spouse. However, while dismissing, it noted the petitioner's submission that being an 80 year old mother, the present petition under Article 32 of the Constitution was instituted, as she …

Habeas Corpus Petition Maintainable In Child Custody Matters When Detention of Minor By Other Parent Is Proved Illegal: Gujarat High Court
2 years, 5 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 …

No Independent Right To Seek Custody U/S 25 Guardians & Wards Act Where Consent Decree Is Passed U/S 28 Special Marriage Act: P&H High Court
2 years, 6 months ago

No Independent Right To Seek Custody U/S 25 Guardians & Wards Act Where Consent Decree Is Passed U/S 28 Special Marriage Act: P&H High Court

Live Law  

".in terms of Section 38 of the Special Marriage Act, the respondent-husband has remedy to approach the said Court, which has passed the decree of divorce if any terms and condition were violated and, therefore, in view of the above mentioned two judgments, the petition filed by the respondent-father in terms of under Section 25 of the Guardianship and Wards …

Gujarat High Court Refuses Custody Of 2-Yr-Old To Mother Citing Voluntary Desertion, Child's Attachment To Father, Her Busy Work Schedule
2 years, 7 months ago

Gujarat High Court Refuses Custody Of 2-Yr-Old To Mother Citing Voluntary Desertion, Child's Attachment To Father, Her Busy Work Schedule

Live Law  

The Gujarat High Court has recently declined custody of a minor son to his mother on the ground that her work schedule did not permit her to take care of the child as compared to the work schedule of the father. Further, Justice Umesh Trivedi, while applying the principle of paramount interest of child, opined that the Appellant-mother had a …

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, …

Primary Object of Habeas Corpus Petition For Child's Custody Is To Determine In Whose Custody The Best Interest of the Child Will Be Advanced: Supreme Court
2 years, 8 months ago

Primary Object of Habeas Corpus Petition For Child's Custody Is To Determine In Whose Custody The Best Interest of the Child Will Be Advanced: Supreme Court

Live Law  

The Supreme Court, on Thursday, held that in petition seeking writ of habeas corpus in matter relating to custody of child, the Court exercises an inherent jurisdiction, independent of any statute and therein the paramount consideration of the Court is to ascertain what is in the best interest of the child. The primary object of a Habeas Corpus petition, as …

Mother Has Preferential Right To Custody Of Minor Below 5 Yrs But Utmost Consideration Is Child's Welfare: P&H HC Rejects Habeas Corpus Against Father
2 years, 11 months ago

Mother Has Preferential Right To Custody Of Minor Below 5 Yrs But Utmost Consideration Is Child's Welfare: P&H HC Rejects Habeas Corpus Against Father

Live Law  

Punjab and Haryana High Court has dismissed a petition filed by the mother of a 3 year old, seeking issuance of a writ of habeas corpus to get the custody of the minor son from alleged illegal confinement of her husband and in-laws. Regarding the facts of the instant case, the court stated that the mother being a natural guardian …

Can't Suddenly Hand Over Adopted Child To Biological Parents, May Affect His Psychology: MP High Court Dismisses Habeas Corpus Plea For Custody
3 years ago

Can't Suddenly Hand Over Adopted Child To Biological Parents, May Affect His Psychology: MP High Court Dismisses Habeas Corpus Plea For Custody

Live Law  

The Madhya Pradesh High Court, Indore Bench recently refused to interfere in a matter related to custody of a child, holding that an adopted child cannot be handed over to his biological parents without enquiring whether the child has any knowledge of his parentage. Placing reliance on the decision of the Apex Court in Tejaswini Guad v. Shekar Jagdish Prasad …

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

Allahabad High Court Weekly Round Up: January 31 To February 6, 2022
3 years, 1 month ago

Allahabad High Court Weekly Round Up: January 31 To February 6, 2022

Live Law  

Judgments/Orders of the Week1. 99 Culprits Can Escape But One Innocent Shouldn't Be Punished: Allahabad High Court Sets Aside Life Sentence Of Murder Convicts Case title - Pinkoo @ Jitendra v. State of U.P. Can't Violate Minor's Fundamental Right To Be Educated For Father's Fraudulent Claim Under RTE Act: Allahabad High Court Case title - Nikhil Upadhyay v. State Of …

Father Can't File Habeas Corpus Petition To Seek Child's Custody From Mother: Karnataka High Court Imposes 50K Cost
3 years, 2 months 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 …

Karnataka High Court Comes To Rescue Of Minor Girl Allegedly Forced To Marry, Discontinue Education By Parents
3 years, 4 months ago

Karnataka High Court Comes To Rescue Of Minor Girl Allegedly Forced To Marry, Discontinue Education By Parents

Live Law  

The Karnataka High Court has come to the rescue of a minor girl who willingly left her parents home as they allegedly discontinued her education and were forcing her to marry. On enquiry, the detenu expressed her unwillingness to the Court to accompany her parents and said she is ready to go to Juvenile Centre/Remand Home. The court on consideration …

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 …

Mother's Work Commitments Don't Make Her Unsuitable For Child's Custody: Bombay High Court
3 years, 5 months ago

Mother's Work Commitments Don't Make Her Unsuitable For Child's Custody: Bombay High Court

Live Law  

Observing that a busy actress's work commitments don't make her unsuitable for her child's custody, the Bombay High Court has ruled that a minor's 'welfare' cannot be decided solely on which parent has more free time. Significantly, the court held that a writ of habeas corpus can be filed to grant a child's custody from one parent to the other …

Writ Of Habeas Corpus Can Be Issued For Restoration of Custody of Minor to the Parent Wrongfully Deprived Of It: Punjab And Haryana High Court
3 years, 6 months ago

Writ Of Habeas Corpus Can Be Issued For Restoration of Custody of Minor to the Parent Wrongfully Deprived Of It: Punjab And Haryana High Court

Live Law  

Holding that habeas corpus can be issued for restoration of custody of minor to the parent wrongfully deprived of it, the Punjab & Haryana High Court recently granted relief to a father who had filed a petition alleging illegal custody by his wife and her parents.The High Court went on to rely on the Supreme Court's observation in Yashita Sahu …

"Plea Filed To Defame Woman, Get Her Custody": Allahabad HC Dismisses Habeas Plea With 50K Cost To Be Paid To Woman
3 years, 7 months ago

"Plea Filed To Defame Woman, Get Her Custody": Allahabad HC Dismisses Habeas Plea With 50K Cost To Be Paid To Woman

Live Law  

The Allahabad High Court on Wednesday dismissed a Habeas corpus plea with 50,000/- cost noting that it had been filed to defame the image of a woman, with the only intention to 'somehow' get her custody. In compliance of the Court's order dated August 4, 2021, the petitioner no.1 Netrawati Yadav/corpus was presented before the Court along with her father, …

Habeas Corpus Writ At Husband's Behest To Regain Wife Not Available As A Matter Of Course: Allahabad High Court
3 years, 7 months ago

Habeas Corpus Writ At Husband's Behest To Regain Wife Not Available As A Matter Of Course: Allahabad High Court

Live Law  

The Allahabad High Court last week observed that the remedy of the writ of habeas corpus at the instance of a Husband, seeking to obtain possession of his wife is not available as a matter of course. Dealing with the Husband's plea seeking production of his wife, the Bench of Justice Dr. Yogendra Kumar Srivastava observed thus: "In view of …

"All's Well That Ends Well": Delhi HC Disposes Of Plea As Newly Wedded Couple Gets Reunited After Court's Order
3 years, 7 months ago

"All's Well That Ends Well": Delhi HC Disposes Of Plea As Newly Wedded Couple Gets Reunited After Court's Order

Live Law  

"All 's well that ends well" said the Delhi High Court on Tuesday after taking note of the fact that the newly wedded couple was reunited pursuant to Court's order.The Court disposed off a habeas corpus petition filed on behalf of a husband alleging that his wife was illegally detained in Uttar Pradesh's Etah District after her parents seperated them.A …

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