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Supreme Court said that the fact that when custody of the child was handed over to the aunt , she was un-married, and is now married having two children will not be a deterrent for this Court to come to the conclusion that best interest of the child still remains with the aunt as the child is living with her ever since she was 3-4 months old.
The writ of habeas corpus is a prerogative writ and an extraordinary remedy. It is a writ of right and not a writ of course and may be granted only on reasonable grounds or probable cause being shown.
“Even if the mother is less capable financially, she becomes no less competent to ensure the welfare of the child, and the father will still be under an obligation to ensure the financial well-being of the child.”
“If the girl is not a major and has eloped with a person and expresses fear of life if her custody is given back to her parents, then the Court shall send her to appropriate shelter home where her interest could be best taken care of till she becomes a major.”
Supreme Cour refused to interfere with the High Court’s direction granting liberty to the father to file appropriate application in terms of Section 24 of the Guardians and Wards Act, seeking custody and visitation rights before the Family Court.
“The Court noted that “while passing the impugned order the Trial Court re-examined the allegations on merit and virtually sat in appeal over the order and rendered the order passed by the High Court nugatory.”
The Enforcement Directorate registered an ECIR under the provisions of Prevention of Money Laundering Act, 2002 for the alleged offense of money laundering under Section 3 of PMLA, punishable under Section 4 of PMLA, based on a scheduled offence allegedly committed under the provisions of Penal Code, 1860.
Earlier in a writ petition concerning the issue of continuation of V. Senthil Balaji as a Cabinet Minister of the State consequent to his arrest, the Court left it to Chief Minister MK Stalin to decide about the continuance of Senthil Balaji (who is in judicial custody) as a Minister without Portfolio
With regards to custody of the child, the Calcutta High Court after considering the paramount welfare of the child, held the husband is not fit person for custody.
“The Family Court is not to act as an adjudicatory forum alone but is also to act as a facilitator to secure settlement of disputes. The Family Court ought to adopt a different approach from that adopted in ordinary civil proceedings.”
In the matters of Guardianship and Custody, the dilemma is that the logic may say that the child must be in the custody of his father, but the circumstances and the intelligent preference of the child point out that it is not in the interest and welfare of the child to uproot him from the family where he has been happily entrenched since the age of 1½ years.
The Court said that the right of a mother to have custody of her children is not absolute, but subject to the welfare of her children.
The Standing Orders ought to be respected by the investigating agencies and non-compliance of those Standing Orders may naturally invoke a reasonable doubt relating to the process of sampling which is the most critical procedure to be carried out to ascertain the nature of the substance and its quantity.
Delhi High Court noted that the Duty Magistrate has the power to decide the application under Section 437 CrPC
The primary object of a Habeas Corpus petition, as applied to minor children, is to determine in whose custody the best interests of the child will probably be advanced.
Allahabad High Court said that the detenue is living with her parents, thus, it cannot be said that she is in illegal detention.
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.
Madras High Court held that the wife is entitled to institute and maintain matrimonial proceedings, DVC proceedings and any other proceedings under the relevant Statutes in Indian Courts having jurisdiction for appropriate reliefs.
In a case of Cross FIRs relating to murder and attempt to murder, the Supreme Court has granted bail to the main accused in the murder case
The mere usage of the word “parent”, “relative” or “any person” in Section 14 of National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and Multiple Disabilities Act, 1999 does not convince this Court to conclude that a non-citizen could also claim a right to be appointed as a guardian of a person with a disability. Neither of those three expressions can be possibly understood as constituting a legislative intent to recognise foreign nationals as being entitled to be appointed as guardians.