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“The child stated that he was not being properly looked after while staying with his grandmother, and that he was not provided adequate food, particularly in the mornings and that his only substantial meal was the lunch provided at school. However, the father, his sister, and the child’s grandfather extended assurance for the child’s future welfare.”
“The Family Court is expected to adopt a sensitive, humane, and child-centric approach in a child custody matter keeping in mind that such proceedings concern the welfare and future of a minor rather than the legal victory of fighting litigants.”
Day 2 underscored IIDW’s theme that resolving family and criminal disputes demands dissolving borders through collaboration, reform and mutual trust, positioning India as a dispute resolution hub.
“The Mother and child love and affection is more relevant than anything else. The laws are made for the citizens but citizens are not born for the laws. No law can deprive the child or mother from their bondage, love and affection and the relation cannot be denied.”
“The right to personal development is an integral facet of the right to life and personal liberty under Article 21 of the Constitution, and, therefore, any interpretation of ‘custody principles’ must be interpreted in a manner that not only respects and upholds this constitutional guarantee but also is in sync thereof.”
The Court noted from the mediation report that both children wished to live with their father in Qatar, despite limited memories of the place. The elder child added that their father’s presence alone would be enough, with someone available to care for them.
“Where a child is repeatedly exposed to fear or hostility towards one parent, such an environment can adversely affect the child’s welfare.”
“At the stage of consideration of interim maintenance, this Court is neither expected nor required to embark upon a detailed inquiry or conduct a mini trial to resolve such disputes conclusively.”
The Court stated that with working parents, it is expected that they cannot always be physically with their children, however, this cannot be a ground to place the child’s custody with the parent who may be temporarily working from home.
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 9-11-2023.
“Most often the worst sufferers of the familial disruption are the helpless children who are entrapped in the bitter feud between two warring couple without any fault of their own.”
“Flouting interim orders passed by the Court will not disentitle the appellant-mother from retaining custody of the minor child. While exercising parens-patriae jurisdiction, the wish of the minor as well as attending circumstances need to be considered”.
Directing the wife to not to use her influence as IPS officer, the Court dissolved the marriage between the parties and stated that guidelines framed by Allahabad High Court vis-a-vis ‘Constitution of Family Welfare Committees’ shall be implemented by the appropriate authorities.
Prior to being elevated to the Supreme Court in 2023, Justice Rajesh Bindal was serving as the Chief Justice of Allahabad High Court.
Atul Subhash’ mother approached the Supreme Court seeking custody of her four-year-old grandson filing a habeas corpus petition.
“Allahabad High Court stayed SHRC’s orders regarding the custody of the children and their production before the Commission.”
Read about the significant family law matters heard and decided by the Supreme Court and High Courts in November 2024
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.
“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”
“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.”