2020 Wrap-Up — Family Law & Allied Provisions
In our series of 2020 wrap-ups, let’s revisit and take a dive at some of our stories on family laws and how
custody
All HC | In minor’s custody case, where child is below 5 years of age, mother is preferred, but is there any exception to it? Court explains
“Human affairs can never be disposed of by a rubber stamp approach or the application, virtually of mathematical formulae.”
MP HC | Custody of the child with the mother can not be said to be illegal confinement; Court dismisses petition
Madhya Pradesh High Court: S.A.Dharmadhikari J., dismissed a writ petition which was filed invoking the jurisdiction of the Court under Article 226
Does the custody of a child gets transferred from the mother to grand parents if they are assisting in looking after the child? Read what SC says
Supreme Court: In a case dealing with the custody of a 7-year-old, the 3-judge bench of Dr. DY Chandrachud, Indu Malhotra and
J&K HC | Bail plea of accused transporting three militants who launched a suicide attack on BSF Camp in J&K in October 2017, rejected
Jammu and Kashmir High Court: A Division Bench of Ali Mohammad Magray and Sanjay Dhar, JJ. rejected the bail plea and upheld
HP HC | Undertrial prisoner requests bail in matter of S. 302 IPC at final stage while in custody for 6 years; Court allows petition
Suchita Shukla, Editorial Assistant has put this story together
Breakdown of marriage is not an end of parental responsibilities: SC
Supreme Court: Showing dismay over a case where two minors were forced to stay in a Boarding School due to an ongoing
UK SC | Welfare of child is paramount consideration in a custody battle – Israeli nationals’ daughter allowed to be retained with her mother in England for child’s welfare
Supreme Court of the United Kingdom: A Full Bench of Lord Wilson, Lord Hodge, Lady Black, Lord Kitchin and Lord Sales upheld
J&K HC | Preventive detention quashed for non-supplying of the material relied upon by detaining authority
Jammu and Kashmir High Court: Ali Mohammad Magrey, J. quashed the detention order of Masood Ahmad Bhat while directing for his release
Del HC | Earlier order of maintenance under DV Act is no bar for wife claiming maintenance under S. 24 of Hindu Marriage Act
Delhi High Court: A Division Bench of G.S. Sistani and Jyoti Singh, JJ. allowed an appeal filed by the appellant-wife against the order
Gau HC | Ordering custody of child to be given to mother is beyond jurisdiction of S. 97 CrPC, order to be confined to finding of “wrongful confinement”
Gauhati High Court: Rumi Kumar Phukan, J. allowed a criminal petition filed against the order of the trial court whereby the petitioner-husband was
Raj HC | Court refuses temporary suspension of sentences; grants time for appellant to perform mother’s last rites
Rajasthan High Court: A Division Bench of Sandeep Mehta and Abhay Chaturvedi, JJ. refused an application for temporary suspension of sentences but
Ker HC | Assault on an injured person not pre-meditated; bail application granted
Kerala High Court: B Sudheendra Kumar J., allowed a bail application and relieved the accused person from the custody. In the instant
Malaysia CoA | Information received from an accused person in the custody of a police officer, as relates distinctly to the fact thereby discovered, may be proved
Malaysia Court of Appeal: A Full Bench of Mohtarudin Baki, Ahmadi Haji Asnawi, Abdul Rahman Sebli, JCA dismissed an appeal made against
Ker HC | Welfare of the child is of supreme consideration while granting custody
Kerala High Court: A Division Bench of K. Harilal and T.V Anil Kumar, JJ. dismissed an appeal made by the maternal grandparents
MP HC | Financial distress to family caused due to detention of accused in custody held to be valid condition for granting bail
Madhya Pradesh High Court: Anand Pathak, J. directed release of the applicant on bail with sureties in the instant application filed under
HP HC | Owner of the uninsured vehicle in custody can deposit an amount or provide a security to meet the ends of justice
Himachal Pradesh High Court: Chander Bhusan Barowalia, J. set aside trial court’s order and remanded back the present application to decide afresh,
Del HC | Expenses of the child cannot be equally divided between parents; amount payable by husband under S. 125 CrPC towards maintenance of child increased
Delhi High Court: Sanjeev Sachdeva, J. partly allowed a revision petition against the order of the trial court passed under Section 125 CrPC
SL SC | Interest of child stands paramount while deciding questions of his custody
Supreme Court of the Democratic Socialist Republic of Sri Lanka: The Three-Judge Bench of Sisira J de Abrew, Vijith Malalgoda PC and
Pak SC | Mother’s poverty not a ground to disentitle her from custody of her child – minor’s welfare is of paramount importance
Supreme Court of Pakistan: The Division Bench of Qazi Faez Isa and Mazhar Alam Khan Miankhel, JJ. dismissed a petition challenging assailing