A Child's Voice In Corridors Of Indian Justice In Child Custody Cases
1 week ago

A Child's Voice In Corridors Of Indian Justice In Child Custody Cases

Live Law  

Besides domestic Interparental child custody conflicts raging all over internally, a 30 million global Indians over the globe, have generated an immense spurt in intercountry, interparental child abduction both to and from India. The extra ordinary parens patriae constitutional jurisdiction of Indian Supreme Court and High Courts is invoked in the best interest and welfare of the removed child. This clarion call proclaims a children's right to express views freely in every matter that concerns them, and in Article 3, it enjoins us to make the child's best interests, our primary consideration. Supreme Court & High Courts perform a salutary function in exercising their vibrant child protection parens patriae jurisdiction to do justice to children in fit cases, dehors technicalities of law. The Breakthrough: Dawn of a new Jurisprudence Justice A. Mustaque Judge Kerala High Court, author of multiple Judgements on welfare of children in need of care and protection, has innovated and introduced a brilliant and ingenious machinery of child support lawyers within the existing infrastructure of our existing legal systems.

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History of this topic

Balancing Acts: Navigating International Custody Disputes In Indian Courts - Insights From The Bombay Judgement And Comparative Legal Perspectives
2 days, 18 hours ago

Balancing Acts: Navigating International Custody Disputes In Indian Courts - Insights From The Bombay Judgement And Comparative Legal Perspectives

Live Law  

The Bombay High Court judgement of 7 February in the case of v., is a landmark ruling that delves into the intricate issues of international child custody, the application of the Hague Convention on the Civil Aspects of International Child Abduction, and the legal principles governing child welfare across borders. The court's meticulous analysis of the Convention's objectives, alongside Indian …

Shuttling Child Between Two Forums Causes Inconvenience And Is Detrimental To Child's Welfare: Kerala High Court In Custody Battle
2 weeks, 6 days ago

Shuttling Child Between Two Forums Causes Inconvenience And Is Detrimental To Child's Welfare: Kerala High Court In Custody Battle

Live Law  

The Kerala High Court set aside an order issued by the Child Welfare Committee, which had directed the child to be produced before it without hearing the preliminary objections of the mother. The Court noted that the father filed a parallel petition before the Child Welfare Committee, while his original petition for custody was still pending before the Family Court. …

Bombay High Court asks Maharashtra child welfare panel to decide custody of teen sex trafficking survivor
1 month, 1 week ago

Bombay High Court asks Maharashtra child welfare panel to decide custody of teen sex trafficking survivor

India Today  

The Bombay High Court has directed the Maharashtra Child Welfare Committee to decide the custody of a 15-year-old girl who was rescued from a prostitution ring. The Rescue Foundation argued that the father was complicit in forcing the girl into prostitution and alleged that the sessions court’s order was illegal, as it overstepped the jurisdiction of the Child Welfare Committee. …

Kerala High Court Calls For Long-Term Action Plan To Prevent Child Marriage Prevalent In Certain Communities Of Wayanad
1 month, 4 weeks ago

Kerala High Court Calls For Long-Term Action Plan To Prevent Child Marriage Prevalent In Certain Communities Of Wayanad

Live Law  

The Kerala High Court has directed the District Legal Services Authority, Wayanad to chalk out a long-term plan to increase awareness about negative aspects of child marriage and dissuading people from it. The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu passed this order in a Suo Motu proceedings initiated by the Court in 2016 on a …

"Right To Life Guaranteed To Everyone": Punjab & Haryana High Court On Protection Plea By Minor In Live-In Relationship
8 months, 1 week ago

"Right To Life Guaranteed To Everyone": Punjab & Haryana High Court On Protection Plea By Minor In Live-In Relationship

Live Law  

Observing that merely because petitioners are not of marriageable age it "would not deprive" them of their fundamental rights, the Punjab & Haryana High Court has directed to send a minor girl to the children's home, who was seeking protection from her relatives along with her 19-year-old live-in partner.While directing to send her to the children's home, the Court said …

Karnataka High Court Seeks Centre's Response On Plea To Frame 'Best Practices' For Determining Child Custody Matters
1 year, 2 months ago

Karnataka High Court Seeks Centre's Response On Plea To Frame 'Best Practices' For Determining Child Custody Matters

Live Law  

The Karnataka High Court on Monday issued notices to the Union and State Government on a suo-motu petition for guidelines to be followed while determining issues of child custody. However, courts are also confronted by cases of relocation, abandonment, neglect, abuse, mental health concerns, parents who are psychologically/financially/physically unfit to care for their children, other relatives such as grandparents/aunts/uncles/community members …

[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court
1 year, 3 months ago

[Custody Battle] Child's Interests Often Not Represented Properly In 'Wrangle' Between Mother & Father: Kerala High Court

Live Law  

The Kerala High Court recently lamented the condition of children caught in custody battles between their parents. "In the wrangling between the mother and the father, often interest of the children are not properly represented," said a Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas.The Court therefore made an unprecedented direction for appointment of. "In the wrangling …

Circulate NGO's Report On Shared Parenting In Child Custody Cases Among Judicial Officers: Gujarat High Court To Registrar General
1 year, 8 months ago

Circulate NGO's Report On Shared Parenting In Child Custody Cases Among Judicial Officers: Gujarat High Court To Registrar General

Live Law  

The Gujarat High Court on Thursday directed the Registrar General to circulate a report issued by the Child Rights Foundation in 2017, among the Judicial Officers so that while deciding child custody cases, the concerned judge can come to a right conclusion. The petitioner submitted that several High Courts have directed the judges who are dealing with child custody cases …

[Custody] Parents' Demands Can't Be Given Importance If Child Is Grown Up & Able To Take Rational Decision In Personal Matters: Kerala High Court
1 year, 10 months ago

[Custody] Parents' Demands Can't Be Given Importance If Child Is Grown Up & Able To Take Rational Decision In Personal Matters: Kerala High Court

Live Law  

The Kerala High Court on Wednesday observed that when a child is grown up and is capable of making rational decisions on his/her own, the court must not give too much importance to the demands of the parents' battling the custody of the child. The petitioner father had challenged the limited visitation rights that had been granted to him by …

POCSO Act : Supreme Court Asks State Legal Services Authorities To Use DLSA Model On Inclusion Of Para-Legal Volunteers In Police Stations
2 years, 4 months ago

POCSO Act : Supreme Court Asks State Legal Services Authorities To Use DLSA Model On Inclusion Of Para-Legal Volunteers In Police Stations

Live Law  

The Supreme Court of India on Thursday directed to circulate the Delhi State Legal Services Authority's scheme regarding the empanelment of Para Legal Volunteers in police stations in cases pertaining to offences against children, to all State Legal Services Authorities so that the same may be used as a model. The petition sought directions to be issued to the State …

POCSO Act : Supreme Court Asks State Legal Services Authorities To Use DLSA Model On Inclusion Of Para-Legal Volunteers In Police Stations
2 years, 4 months ago

POCSO Act : Supreme Court Asks State Legal Services Authorities To Use DLSA Model On Inclusion Of Para-Legal Volunteers In Police Stations

Live Law  

The Supreme Court of India on Thursday directed to circulate the Delhi State Legal Services Authority's scheme regarding the empanelment of Para Legal Volunteers in police stations in cases pertaining to offences against children, to all State Legal Services Authorities so that the same may be used as a model. The petition sought directions to be issued to the State …

Family Court With Territorial Jurisdiction Is The Competent Authority To Give A Child In Adoption : Kerala High Court
2 years, 11 months ago

Family Court With Territorial Jurisdiction Is The Competent Authority To Give A Child In Adoption : Kerala High Court

Live Law  

The Kerala High Court has recently laid down that the Family Court with the respective territorial jurisdiction is empowered to give a child in adoption.After perusing the provisions of the Juvenile Justice Act 2015, the 2014 Rules framed thereunder and the Adoption Regulations 2017, Justice M.R. The Kerala High Court has recently laid down that the Family Court with the …

Webinar On Juvenile Justice Act, 2015: Implementation And Efficacy By Centre For Child Rights National Law University And Judicial Academy, Assam And UNICEF Assam And North-East [7th September, 2021]
3 years, 4 months ago

Webinar On Juvenile Justice Act, 2015: Implementation And Efficacy By Centre For Child Rights National Law University And Judicial Academy, Assam And UNICEF Assam And North-East [7th September, 2021]

Live Law  

ABOUT THE ORGANIZERS National Law University and Judicial Academy, Assam is a National Law University located in Guwahati, Assam, India. On 1st June, 2015, Centre for Child Rights established a partnership with UNICEF, Assam through a "Memorandum of Understanding" signed between National Law University and Judicial Academy and UNICEF, Assam to strengthen their relationship and their shared commitment to promote, …

Staff crunch, poor infrastructure: Officials highlight how gaps in Indian criminal justice system prevent implementation of child protection laws
5 years ago

Staff crunch, poor infrastructure: Officials highlight how gaps in Indian criminal justice system prevent implementation of child protection laws

Firstpost  

Even as political leaders call for stringent, and even barbaric, punishment to alleged offenders, administrative officials from the western part of the country on Tuesday listed out several challenges in implementing laws for child protection Even as political leaders call for stringent, and even barbaric, punishment to alleged offenders, administrative officials from the western part of the country on Tuesday …

SC Issues Notice On Plea Challenging Provisions Allowing Exclusive Custody Of Child To One Of The Parents
5 years, 2 months ago

SC Issues Notice On Plea Challenging Provisions Allowing Exclusive Custody Of Child To One Of The Parents

Live Law  

A London based NRI woman has moved the Supreme Court through a Public Interest Litigation, seeking re-visit of country's all personal laws with regard to the custody of child in matrimonial disputes. According to the petition, the legal provisions which currently exist as per various personal laws are in the nature of entrusting the custody of children exclusively to one …

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