Atul Subhash Suicide Case | SC dismisses paternal grandmother’s plea; permits wife to retain her child’s custody
Atul Subhash’ mother approached the Supreme Court seeking custody of her four-year-old grandson filing a habeas corpus petition.
child custody
State Human Rights Commission lacks jurisdiction over child custody; Specific remedies exist in other statutes: Allahabad HC
“Allahabad High Court stayed SHRC’s orders regarding the custody of the children and their production before the Commission.”
Family Law Roundup| A quick recap of the top family law cases from November 2024
Read about the significant family law matters heard and decided by the Supreme Court and High Courts in November 2024
Know Thy Judge | Justice Satish Chandra Sharma – Supreme Court of India
Following a meticulous assessment of the qualifications, integrity, capabilities and giving due consideration to a range of factors, the President appointed Justice Satish Chandra Sharma as Judge of the Supreme Court of India on 09-11-2023.
Kerala HC sets aside Family Court order granting permanent child custody to father; Stresses importance of credible evidence for postpartum depression allegations
“As per settled scientific studies and assessments, postpartum depression is rather common in some women and that this is not a situation that will continue forever, but most of the time being temporary, for a short duration”
CWC’s orders must prioritize child’s best interests over personal moral values; Kerala High Court grants custody of infant to breastfeeding mother
“Judged by moral standards of the CWC members, the petitioner may not be a good person, but that does not make her a bad mother.”
‘Best interest of the child has to be determined by considering all relevant circumstances’; Delhi High Court denies interim custody of child to father
The timing, duration, and whether oversight of a child counsellor is required during visitation by a non-custodial parent, is a call that the Court has to take bearing in mind, the best interest of the child.
Can a writ of habeas corpus be issued in matters of child custody? Allahabad HC explains
“In child custody matters, the remedy ordinarily lies under the statutory law, or the personal law, as applicable in the facts of the case; however, in cases which justify the exercise of the extraordinary discretionary jurisdiction under Article 226, a writ of habeas corpus would be issued where it is demonstrated that the detention of minor child, is illegal or without any authority of law.”
‘Affection of both parents a basic human right for growing child’: Kerala HC refuses to interfere with Family Court’s order granting visitation rights to father
“While considering the claim for custody of a minor child, unless very serious, proven conduct should make one of them unworthy to claim for custody of the child concerned, the question can and shall be decided solely by looking into the question as to, ‘what would be the best interest of the child concerned.”
Removal of minor daughter from father’s custody by mother without consent; Bombay HC directs repatriation of daughter to USA with her father
The Court said that when confronted with a question pertaining the custody of a minor child, the Court as parens partriae, should not decide on the consideration of the legal rights of the parties, but on the sole and predominant criterion of the child’s best interest and welfare.
Habeas Corpus writ for grant of visitation rights is not maintainable where matrimonial disputes between parties pending before Family Court: Allahabad HC
“The writ of habeas corpus is a prerogative writ, an extraordinary remedy, evolved under the common law and incorporated in our constitutional law, having the objective to protect and safeguard individual liberty.”
Adultery is a ground for divorce, and not a ground for refusal to grant child custody: Bombay HC
The Court, relying on several precedents, held that despite the proof of allegations regarding the wife’s extramarital affairs, custody of minor children can be granted to the wife.
Know Thy Judge | Supreme Court of India: Justice Rajesh Bindal
Prior to being elevated to the Supreme Court in 2023, Justice Rajesh Bindal was serving as the Chief Justice of Allahabad High Court.
Explained | Supreme Court Judgment on child custody to father when the child was averse even to see his mother
Supreme Court viewed that the child being aged 12 years and 9 months old, was in a position to take decisions.
Child Custody| Supreme Court modifies Family Court’s order, allows father to meet child in mall instead of Court premises
Supreme Court said that the repeated visitation rights in the Court premises would also not be in the interest of the child as the environment during which the visitation rights are exercised would also matter.
HIGH COURT SEPTEMBER 2023 WEEKLY ROUNDUP| Stories on Live-in relationship; Child custody; Financial incapacity of Spouse; Seat of arbitration and more
A quick legal roundup to cover important stories from all High Courts this week.
Bombay High Court sets aside order for custody of a minor child back to biological parents; directs Trial Court to decide validity of adoption
The biological parents first decided to give their child in adoption due to the financial crisis during COVID-19 pandemic but decided to take their son back after discussion with their respective families.
A mother may be morally bad in societal sense, but may be good for child’s welfare: Kerala High Court
Kerala High Court was disturbed by the language used by Family Court and expressed that highly distasteful language depicts the mind set of an officer of high rank in the district judiciary.
Principle of comity of courts is salutary in nature and cannot override the consideration of best interest and welfare of the child: Karnataka High Court
The Karnataka High Court, while deliberating over a father’s prayer seeking repatriation of his minor son to Germany, dismissed the petition on ground of the child’s best interests and allowed the son to remain with his mother in India.
Karnataka State Commission for Protection of Child Rights is an advisory body and has no power to adjudicate any lis between two parties: Karnataka High Court
The Karnataka High Court held that order granting visitation rights to the father is outside the jurisdictional scope of Karnataka State Commission for Protection of Child Rights.