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HC reunites grandmother and grandchild, upholds visitation rights

Mumbai: The Bombay High Court on Wednesday affirmed the visitation rights of grandparents to their grandchildren after reuniting a child with her grandmother who expressed apprehensions that the child’s father might sell her. HC reunites grandmother and grandchild, upholds visitation rights The grandmother, a resident of Malad, alleged that the father had run away with the child, intending to sell …

Sperm or egg donor has no legal right on child, can't claim to be biological parent: Bombay HC

Mumbai: A sperm or egg donor has no legal right on the child and cannot claim to be its biological parent, the Bombay High Court held on Tuesday while allowing a 42-year-old woman visitation rights to her five-year-old twin daughters. The petitioner's husband had claimed since his sister-in-law was the egg donor, she had a legitimate right to be called …

‘Parents Can't Be Guest In Child's Life; Visitation Rights Shouldn't Be Limited To Few Hours, Must Encourage Overnight Custody To Each Parent': Tripura HC

“This Court strongly believes that a parent cannot be a guest in their child's life. If visitation rights only are granted for limited hours, it may not be sufficient for the child to have a comfortable time with the father or mother, whoever may be the case,” the Tripura High Court observed recently as it stressed that overnight custody must …

"Belated Remorse Inconsequential": Bombay HC Upholds Order Striking Off Father's Defence For Depriving Mother Of Visitation Rights

Taking a stern view against a father's conduct of denying his wife access to their child despite court orders, the Bombay High Court recently upheld a district court's order striking off his defence in a matrimonial dispute. The court noted that when the District Court struck off the defence of the father, there were 11 violations of the mother's visitation …

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

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 …

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

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 …

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

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. …

Are Orders U/S 12 Of Guardians & Wards Act Appealable U/S 19 Of Family Courts Act? Delhi HC Refers Question To Larger Bench

The Delhi High Court has referred to the larger bench the question as to whether an order passed under Section 12 of the Guardians and Wards Act, or any order dealing with aspects of visitation and custody during the pendency of proceedings, would be appealable under Section 19 of the Family Courts Act.Justice Vipin Sanghi and Justice Jasmeet Singh was …

[Shared Parenting] 'Child Isn't An Appendage Of Parents', Karnataka HC Invokes An Emerging Concept In A Dispute Over Child Custody [Read Judgment]

While deciding the question of custody of a minor child in a matter, the Karnataka High Court on Friday referred to the principle of Shared Parenting which is defined to include shared parenting authority as well as shared parenting responsibility in the day-to-day upbringing and the welfare of the children. The Family Court declared the mother as the guardian of …

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]

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 …