Delhi High Court sets aside transit remand order; Directs adjudication of application u/S 437 CrPC
Delhi High Court noted that the Duty Magistrate has the power to decide the application under Section 437 CrPC
custody
Custody cannot be determined by weighing economic circumstances of parties; Allahabad High Court grants custody to father
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.
Can a father-in-law file a habeas Corpus petition seeking custody of Daughter- in- law? Allahabad High Court answers
Allahabad High Court said that the detenue is living with her parents, thus, it cannot be said that she is in illegal detention.
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.
Foreign Court Judgments not conclusive, rights under special enactments can’t be denied on their basis: Madras High Court
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.
Supreme Court grants bail to murder accused in custody for more than 14 months
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
Can a foreigner claim right to be appointed as a guardian under National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Rules, 2000? Delhi High Court answers
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.
Delhi High Court permits mother to relocate to USA with the minor child on remarriage
Technology has advanced so much that regular interactions between two individuals living in different countries or even continents can easily be maintained through video calls and video conferencing. In fact, in the last three years, when the world was grappling with the Covid pandemic, interactions through video calls have become the new norm. Even when Courts today are functioning fully physically, lawyers are being permitted to join through video conferencing only because of the advancements in technology.
Interlocutory order in one case cannot be treated as precedent for cancellation of bail of accused in other cases: Supreme Court
Supreme Court has ordered that the Rajasthan High Court's impugned order being interlocutory in nature, shall not be treated as precedent for cancellation of bail granted to the petitioner in other cases, and the question of law was kept open to be decided in an appropriate case.
Keeping in mind biological changes undergone by girl child; Chhattisgarh High Court grants custody to mother
Chhattisgarh High Court | In an appeal related to the custody of a girl child, a Division Bench comprising of
Kerala High Court grants anticipatory bail to snake expert Vava Suresh accused of displaying a cobra while delivering speech at a college
Kerala High Court granted anticipatory bail to Wildlife conservationist and snake expert Vava Suresh accused under the Wildlife Protection Act, for displaying a highly poisonous cobra while delivering his speech at a Government Medical College
POCSO| Getting date of birth changed in Aadhaar to establish that minor victim was a consenting adult is a serious offence; Delhi High Court denies bail to a married man
Delhi High Court denied bail to a married person as he wanted to take advantage of the complainant by getting the complainant’s Date of Birth on the Aadhar Card changed so that when the applicant established physical relationship with the complainant, she would not have been a minor.
“Minor child interested in staying with natural parents only”; Telangana High Court directs Child Welfare Committee to handover the custody of minor child to natural parents, giving visitation rights to foster parents
Telangana High Court: While deciding a case, wherein, a writ of habeas corpus was filed seeking to direct the respondents
“To turn a child against a parent is to turn a child against himself; Parental alienation is inhuman, and it is a menace to a child”, says Madras High Court
Madras High Court: In an application seeking the appointment of the applicant as a fit and proper person to be
We Dissent!: Here’s why 2 out of 5 judges ruled against Madras High Court’s original jurisdiction in child custody cases
Madras High Court: The five-judge bench of P.N. Prakash, N. Anand Venkatesh, R. Mahadevan, M. Sundar, A.A. Nakkiran, JJ. in a 3:2
Madras High Court’s 3:2 verdict upholds its original jurisdiction in child custody cases; holds Mary Thomas to be a good law
Madras High Court: In a case relating to the issue of concurrent jurisdiction of the High Court over matters of child custody
Karnataka High Court | Consent of father not a prerequisite for grant of passport of minor child in exclusive custody of mother; Visitation rights not affected
Karnataka High Court: In a case filed by the petitioner-mother (‘petitioner 2') seeking acceptance on her pending passport application for
Orissa HC decides on maintainability of writ of habeas corpus vis-à-vis custody of minor child
Orissa High Court: A Division Bench of SK Sahoo and M S Raman, JJ. disposed of the petition leaving the petitioner with
Income, age not enough to tilt the balance in favour of maternal aunt; Grandparents win custody battle of 5-year-old who lost parents to COVID-19: SC
“One should not doubt the capacity and/or ability of the paternal grandparents to take care of their grandson.”
Guj HC │ Custody of the minor with the maternal grand-parents does not amount to illegal confinement; Petition by father dismissed
Gujarat High Court: The Division Bench Vipul M. Pancholi and Rajendra M. Sareen, JJ., dismissed a petition filed by the father under