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A biological father has the inherent right to custody of his child, a right that continues until the child reaches the age of majority or until the order is modified or revoked by a competent court, and the substantive and intrinsic statutory right of a biological father to retain custody of his child cannot be waived or relaxed by the CARA under Regulation 63.
The applicant contended that their gender identity and medical condition made them vulnerable to harassment and ridicule in society and in jail.
The Court held that while exercising the parens patriae jurisdiction for issuance of the writ of habeas corpus, the objections relating to territorial jurisdiction cannot have serious impact.
“A child with average intelligence/IQ will have the intellectual knowledge of the consequences of his actions. But whether or not he is able to control himself or his actions will depend on his level of emotional competence.”
Supreme Court: The Division Bench of Uday Umesh Lalit and Vineet Saran, JJ., dismissed an appeal with respect to the denial of
Chhattisgarh High Court: A Bench of Prashant Kumar Mishra, Acting C.J. and Vimla Singh Kapoor, J. has held that “the grant of
Sub-section (1) of Section 41 of the Juvenile Justice (Care and Protection of Children) Act, 2015 requires that all Child Care Institutions
Supreme Court: Taking note of the rise in the crimes against children, the bench of Madan B. Lokur and Deepak Gupta, JJ
Bombay High Court: A Bench comprising of A.S. Oka and A.A. Sayed, JJ has held that according to the Directive Principles of