Parent’s Visitation Rights can’t be denied due to mere hesitation from Child: Delhi HC [Read Judgment]
8 years, 6 months ago

Parent’s Visitation Rights can’t be denied due to mere hesitation from Child: Delhi HC [Read Judgment]

Live Law  

Earlier, the Family Court of Karkardooma had limited the visitation timings of the father, Aditya Mahajan, to meet his son to one hour every first Monday of the month, after it found that the child was hesitant to be around his father. In a case concerning visitation rights of a parent, the Delhi High Court has said mere hesitation on the part of the child to meet either parent should not be. In a case concerning visitation rights of a parent, the Delhi High Court has said mere hesitation on the part of the child to meet either parent should not be a ground to absolutely deny access to the child by that parent. Disapproving of the Family Court’s decision to allow the father to meet his child for only one hour on seeing the hesitance of the child, the High Court said: “If a child is hesitant to be with a parent, it is duty of the Presiding Judge of the Family Court to have the child counselled with the help of the counsellors attached to the Court.

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History of this topic

Mother can’t be denied custody of child, even if earlier given to father: Allahabad HC
2 months, 1 week ago

Mother can’t be denied custody of child, even if earlier given to father: Allahabad HC

Hindustan Times  

The Allahabad high court has held that merely because the mother had been deprived of the company of her daughter at the time when the couple separated and the fact that the daughter continued to be in the father’s company for sometime itself would not be a sufficient circumstance to deny custody of the minor to the mother who is …

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court
2 months, 3 weeks 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 months, 3 weeks 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 …

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 …

"Child Needs Love, Affection And Protection Of Both Parents”: Andhra Pradesh High Court Grants Visitation Rights To Father Of Minor
8 months, 1 week 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 Natural Right To Know And Meet His Parents Is Near Perfect”: Allahabad High Court Upholds Visitation Rights Of Father
8 months, 3 weeks ago

“Child's Natural Right To Know And Meet His Parents Is Near Perfect”: Allahabad High Court Upholds Visitation Rights Of Father

Live Law  

The Allahabad High Court has held that a child has the right to know and meet his parents, including the father during the pendency of the custody case before the Trial Court. The mother approached the High Court against the order of Family Court allowing the father to meet their son on one Sunday of every month in a public …

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues
1 year, 3 months ago

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues

Live Law  

The Bombay High Court on Wednesday dismissed a habeas corpus petition filed by a 41-year-old UK citizen seeking custody of his 3-year-old daughter from his estranged wife, an Indian citizen. When the man approached the Bombay High Court in February seeking compliance with the Singapore court's order, the High Court raised concerns about the child's welfare. Despite the parties signing …

Welfare Of Child Prime Consideration In Guardianship Cases: Delhi High Court Declines Father’s Plea To Move Child To A “Better” School
1 year, 3 months ago

Welfare Of Child Prime Consideration In Guardianship Cases: Delhi High Court Declines Father’s Plea To Move Child To A “Better” School

Live Law  

In a father’s plea seeking direction to his child’s mother for transfer of the child to a “better” school, the Delhi High Court has observed that welfare of the child is of prime consideration in guardianship cases. The appellant-father had filed the appeal assailing a Family Court order, whereby his application for direction to the respondent to send the child …

Allahabad High Court Deprecates Lawyer Son Appearing For Father In Matrimonial Case Against Mother, Says Should Avoid Representing Blood Relatives
1 year, 4 months ago

Allahabad High Court Deprecates Lawyer Son Appearing For Father In Matrimonial Case Against Mother, Says Should Avoid Representing Blood Relatives

Live Law  

While dealing with a criminal contempt initiated at the behest of a Family Court, the Allahabad High Court observed that lawyers though free to choose their clients should avoid taking up cases of blood relatives as it may make them emotionally involved in the case. It was alleged that Mr. Subhash Kumar had misbehaved with the Additional Principal Judge Family …

‘Grandparents Form Integral Part For Upbringing Of Children’: Chhattisgarh High Court Grants Visitation Right To Meet Grandchildren
1 year, 5 months ago

‘Grandparents Form Integral Part For Upbringing Of Children’: Chhattisgarh High Court Grants Visitation Right To Meet Grandchildren

Live Law  

The Chhattisgarh High Court has allowed an octogenarian grandfather to meet his grand-children pending the custody battle between his son and daughter-in-law for such children. While modifying the order of the lower Court which denied visitation rights to the aged man to meet his grandchildren, the Division Bench of Justice Goutam Bhaduri and Justice Deepak Kumar Tiwari observed, “In the …

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 …

'Mother's love alone not enough for child custody', says Bombay HC
1 year, 6 months ago

'Mother's love alone not enough for child custody', says Bombay HC

Firstpost  

The High Court observed that the mother’s cases filed against father in India appeared to be a strategy to prevent the child from returning to the US. It noted that children suffer the most in custody battles during matrimonial disputes In a recent custody case, the Bombay High Court has ruled that deciding what’s best for a young child cannot …

Delhi High Court backs kids' education abroad, rejects mother's relocation plea
1 year, 7 months ago

Delhi High Court backs kids' education abroad, rejects mother's relocation plea

India Today  

A mother's anxiety for her children's well-being is a natural instinct, but it cannot be allowed to hinder their education, the Delhi High Court asserted. Consequently, the court dismissed the mother's apprehensions of psychological trauma, considering them to be unfounded fears that should not hinder the children's educational path. "So being the case, the apprehension of the appellant mother that …

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 …

‘Matrimonial Disputes Most Bitterly Fought Litigation in India’: Bombay HC Directs Woman To Let Teen Boy Meet Father
1 year, 11 months ago

‘Matrimonial Disputes Most Bitterly Fought Litigation in India’: Bombay HC Directs Woman To Let Teen Boy Meet Father

News 18  

The Bombay High Court recently observed that matrimonial disputes are the most bitterly fought adversarial litigation in India and, in such cases, the role of the court becomes crucial. A division bench of the Bombay High Court, comprising Justice RD Dhanuka and Justice Gauri Godse, observed: “In our country, matrimonial disputes constitute the most bitterly fought adversarial litigation. “Due to …

Madras HC Sets Aside Order Requiring Wife To 'Serve Snacks' To Estranged Husband During Visitation
2 years, 5 months ago

Madras HC Sets Aside Order Requiring Wife To 'Serve Snacks' To Estranged Husband During Visitation

Live Law  

The Madras High Court recently allowed a mother's appeal against a single judge order requiring her to treat her estranged husband, during child visits, as an "Athithi" and show hospitality by providing snacks and dinner, etc. The bench of Justice Paresh Upadhyay and Justice D Bharatha Chakravarthy observed that the single judge was swayed by what should be the conduct …

‘The child has a right to get the love and affection of both parents,’ says Supreme Court
2 years, 9 months ago

‘The child has a right to get the love and affection of both parents,’ says Supreme Court

The Hindu  

The Supreme Court stepped into the shoes of children who find themselves in the middle of custody battles between estranged parents, saying a child is happiest when he or she can have both parents. The top court was hearing an appeal from Rajasthan where the Family Court had rejected the father’s plea for interim custody of his minor son in …

Delhi HC Dismisses Plea Seeking Review Of Order Giving Visitation Rights To Father Only If He Resided In Same Building As That Of Child
2 years, 10 months ago

Delhi HC Dismisses Plea Seeking Review Of Order Giving Visitation Rights To Father Only If He Resided In Same Building As That Of Child

Live Law  

The Delhi High Court recently dismissed a review petition seeking to challenge an order giving visitation rights to father only if he resided in the same building. Justice Kameswar Rao observed: "In any case, this Court, while modifying the impugned order of the Trial Court dated October 28, 2021, had noted the fact that the minor child is of tender …

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, 11 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 …

Order Of Restraint Against Husband Under Domestic Violence Act Does Not Preclude Family Court From Making Arrangement For Child Visitation: Delhi HC
2 years, 11 months ago

Order Of Restraint Against Husband Under Domestic Violence Act Does Not Preclude Family Court From Making Arrangement For Child Visitation: Delhi HC

Live Law  

The Delhi High Court has observed that the ambit and extent of Protection of Women from Domestic Violence Act, 2005 and Family Courts Act, 1984, being two competing statutes, must be harmoniously construed so as to avoid a situation of repugnancy and conflict.Justice Yashwant Varma relied on a 2017 judgment of the Supreme Court in Amit Kumar and another v. …

Child Visitation Rights For Merely 30 Minutes A Month Insufficient: Delhi High Court Prima Facie Opines
3 years, 3 months ago

Child Visitation Rights For Merely 30 Minutes A Month Insufficient: Delhi High Court Prima Facie Opines

Live Law  

The Delhi High Court has prima facie opined that merely thirty minutes of child visitation rights in a month granted to a parent is insufficient.A Bench of Justices Vipin Sanghi and Jasmeet Singh observed,"The grievance of the appellant father is that the Family Court has granted only 30 minutes audio-visual access to the appellant per month in respect of the …

SC allows man to meet daughter who has accused him of killing her mother
4 years ago

SC allows man to meet daughter who has accused him of killing her mother

Hindustan Times  

The Supreme Court has allowed a man to meet his daughter, who has accused him of killing her mother, saying it would be “in the best interest” of the six-year-old to maintain her relationship with him, especially since the charges were yet to be proved. A bench, headed by Justice Sanjay Kishan Kaul, called the situation “difficult” as the child …

Delhi High Court Allows Adult Hindu Girl To Return With Parents Who Left Home With Muslim Man
4 years, 2 months ago

Delhi High Court Allows Adult Hindu Girl To Return With Parents Who Left Home With Muslim Man

Live Law  

A division judge bench of Justice Vipin Sanghi and Rajnish Bhatnagar of the Delhi High Court today allowed an adult Hindu girl, who had eloped from her home with her Muslim boyfriend, to return home - while granting her protection and on the condition that her parents would take full responsibility of her education. In the hearing before the Court …

Preferences & Inclinations Of Child Are Important In Determining Issue Of Parental Custody : Supreme Court [Read Judgment]
4 years, 4 months ago

Preferences & Inclinations Of Child Are Important In Determining Issue Of Parental Custody : Supreme Court [Read Judgment]

Live Law  

The Supreme Court, in a judgement pertaining to transnational custody of child, relied upon Section 17 of the Guardian and Wards Act, 1890 which states that the Court can consider the preferences of the minor if he/she is old enough to form an intelligent preference. "As per Section 17, the preferences and inclinations of the child are of vital importance …

Matrimonial dispute: HC directs woman to enable children to meet father via videoconferencing
4 years, 10 months ago

Matrimonial dispute: HC directs woman to enable children to meet father via videoconferencing

The Hindu  

In an ongoing matrimonial dispute, a single Bench of the Bombay High Court has directed a woman to make necessary arrangements to enable her two children to meet their father via videoconferencing during the lockdown. The woman filed a petition on August 22 last year requesting the family court to intervene and interview the children to ascertain their willingness to …

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 …

Child's Ties With Father Should Not Be Stopped For All Times: Delhi HC Allows Visitation Rights To Father Despite Settlement Agreement To The Contrary [Read Order]
6 years, 3 months ago

Child's Ties With Father Should Not Be Stopped For All Times: Delhi HC Allows Visitation Rights To Father Despite Settlement Agreement To The Contrary [Read Order]

Live Law  

The Delhi High Court recently granted visitation rights to the father of a four-year-old girl, despite the fact that the settlement agreement between the girl’s parents did not allow for any contact between her and her father.In doing so, Justice Najmi Waziri emphasised on the importance of a child being under the care and concern of the mother as well …

Child's Ties With Father Should Not Be Stopped For All Times: Delhi HC Allows Visitation Rights To Father Despite Settlement Agreement To The Contrary [Read Order]
6 years, 3 months ago

Child's Ties With Father Should Not Be Stopped For All Times: Delhi HC Allows Visitation Rights To Father Despite Settlement Agreement To The Contrary [Read Order]

Live Law  

The Delhi High Court recently granted visitation rights to the father of a four-year-old girl, despite the fact that the settlement agreement between the girl’s parents did not allow for any contact between her and her father.In doing so, Justice Najmi Waziri emphasised on the importance of a child being under the care and concern of the mother as well …

Supreme Court restores custody of kids to mother
7 years ago

Supreme Court restores custody of kids to mother

Deccan Chronicle  

New Delhi: The Supreme Court has stayed an order by the Hyderabad High Court directing the Vijayawada-based mother of two minor children to hand over them to their father, a US citizen. A three-judge Bench of the Supreme Court, while entertaining a special leave petition filed by Ms Hanumanthu Swapna stayed the High Court order and restored the children to …

Allahabad HC Allows Woman’s Plea To Give Her Child In Adoption To Her New Husband [Read Judgment]
7 years, 5 months ago

Allahabad HC Allows Woman’s Plea To Give Her Child In Adoption To Her New Husband [Read Judgment]

Live Law  

Renunciation of the child by a parent can be taken into consideration while determining whether the power to give in adoption has been delegated or to determine the consent to giving in adoption, the court observed.The Allahabad High Court, while expressing its concurrence with the Delhi High Court’s view taken in a matter relating to adoption laws, observed that though …

Delhi High Court seeks govt reply on plea to fast-track child custody cases
7 years, 6 months ago

Delhi High Court seeks govt reply on plea to fast-track child custody cases

Firstpost  

The plea claims that there has been a paradigm shift in matrimonial cases mostly impacting children who largely bear the brunt of the custody fight between parents. New Delhi: The Delhi High Court has sought the Centre’s response on a PIL seeking direction to formulate guidelines for expeditiously resolving issues of custody and maintenance concerning minors arising from the now …

Supreme Court Recognises Parental Alienation Syndrome
7 years, 10 months ago

Supreme Court Recognises Parental Alienation Syndrome

Live Law  

This is a familiar story in Family Courts in India. The stronger and wilier parent usurps the child’s custody in defiance of the court orders. When the case reaches the higher courts, the custodial parent mother is denied custody simply because the usurper parent had by then the custody for several years. “Parental Alienation Syndrome” made its semantic debut in …

Supreme Court Recognises Parental Alienation Syndrome
7 years, 10 months ago

Supreme Court Recognises Parental Alienation Syndrome

Live Law  

This is a familiar story in Family Courts in India. The stronger and wilier parent usurps the child’s custody in defiance of the court orders. When the case reaches the higher courts, the custodial parent mother is denied custody simply because the usurper parent had by then the custody for several years. “Parental Alienation Syndrome” made its semantic debut in …

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 …

Mother Having Remarried Or Being Divorced No Relevant Factor For Deciding Child’s Custody: Bombay HC [Read Judgment]
8 years, 2 months ago

Mother Having Remarried Or Being Divorced No Relevant Factor For Deciding Child’s Custody: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court, in Shrirang Purushottam Deshmukh vs. Smt. Radhika Shrirang Deshmukh, has held that while deciding the question of custody, the welfare of the minor child is of paramount consideration and it is not a relevant factor if the mother has married twice or is a divorcee, in deciding the entrustment of the child.In the petition filed in …

Parent’s Visitation Rights can’t be denied due to mere hesitation from Child: Delhi HC [Read Judgment]
8 years, 6 months ago

Parent’s Visitation Rights can’t be denied due to mere hesitation from Child: Delhi HC [Read Judgment]

Live Law  

Earlier, the Family Court of Karkardooma had limited the visitation timings of the father, Aditya Mahajan, to meet his son to one hour every first Monday of the month, after it found that the child was hesitant to be around his father. In a case concerning visitation rights of a parent, the Delhi High Court has said mere hesitation on …

Handing over child custody to an institution, ignoring parent’s claim not acceptable: SC [Read Order]
8 years, 7 months ago

Handing over child custody to an institution, ignoring parent’s claim not acceptable: SC [Read Order]

Live Law  

The Supreme Court, in BEATA AGNIESZKA SOBIERAJ VS. STATE OF HIMACHAL PRADESH has depreciated the practice of handing over the custody of the child to an institution, while ignoring the claim of a parent, especially the mother of the child, as not acceptable.In the instant case, the father of the child has no objection to the handing over of parental …

Delhi HC answers interesting question about ‘Child custody’ petitions [Read Judgment]
8 years, 7 months ago

Delhi HC answers interesting question about ‘Child custody’ petitions [Read Judgment]

Live Law  

Delhi High Court answering an ‘interesting question’ about ‘child custody’ proceedings, has held that a spouse who seeks custody of the children by moving a petition under Section 25 of the Guardians and Wards Act and obtains interim orders cannot withdraw the proceedings and continue to take benefit of the interim orders. In the instant case, mother had filed a …

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