2024 SCC Vol. 10 Part 4
Arbitration and Conciliation Act, 1996 — Ss. 11(6) and 37: Setting aside of order setting aside award, by Court exercising jurisdiction under
Minor child
Andhra Pradesh HC grants custody of four-and-a-half-years old child to father; permits to take the child back to USA for all-round welfare
In cases of dislocation of minors from a foreign country to India, whenever children have been removed from their native country to India, the Court shall, in the best interest of the child, order for the return of the child to his native country.
Delhi High Court dismisses PIL against Dalai Lama for alleged molestation of minor child
The Delhi High Court took judicial notice of the fact that Dalai Lama had already expressed his apology to those who may have been offended by his action.
‘A person belonging to LGBTQ+ community is vulnerable to ridicule, harassment in jail’; Bombay HC grants bail to man accused of child trafficking
The applicant contended that their gender identity and medical condition made them vulnerable to harassment and ridicule in society and in jail.
Husband deserting his wife, bound to maintain her and his minor children irrespective of his financial status: Karnataka HC
In the instant case, the Court noted that in current times of rising inflation and increase in cost of living, not only must the wife sustain herself and the minor daughter’s life, but she also has to contest the ongoing litigation before the Family Court.
A bad husband is not necessarily a bad father; Delhi High Court grants divorce to husband on grounds of cruelty by wife
Howsoever abysmal the differences maybe between the spouses, but in no realm can the act of the aggrieved spouse of igniting animosity and hostility in the minor child in an attempt to use the child as a weapon to get even with their spouse, could be justifiable.
‘Child suffers most casualty in custody battle, loses everything due to polarization of familial relations’; Delhi HC modifies father’s visitation rights
“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.”
Supreme Court sets aside Telangana HC’s judgment directing handing over minor daughter’s custody to mother in a Habeas Corpus petition
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.
Merely because wife is earning, does not automatically operate as absolute bar for awarding maintenance: Delhi High Court
“Maintenance pendente lite/permanent alimony u/s 24 or 25 of the Hindu Marriage Act, 1955 may be claimed by either wife or husband. The phrase “sufficient for her or his support” has to be interpreted to mean that applicant is able to maintain with reasonable comfort and standard of living which applicant was accustomed in matrimonial home.”
Rajasthan High Court directs authorities to issue passport to a minor separated from his mother
“It is not even a case where father is objecting to the issuance of the passport. On the other hand, he has chosen to abandon the child. Father of the minor has not even cared to pay any child care support money in terms of the settlement arrived as per the divorce decree.”
Acrimonious relationship between parents, no ground to deny an attempt at re-establishing bond between mother and child: Delhi High Court
“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.”
Mother can also be made liable to pay maintenance to her minor child under Section 125 of CrPC: Uttaranchal High Court
“Section 125 of the Criminal Procedure Court, 1973 makes it clear that the liability to maintain a minor child is on “any person”, and this denotes not only a male but a female gender and it cannot be said that ‘a person' can only qualify father and not the mother.”
Issuance of passport without father’s name is permissible in certain cases: Delhi High Court
The Delhi High Court opined that passports can be issued under different circumstances without the name of the father, depending upon the factual position in each case and no hard and fast rule can be applied.
Delhi High Court issues guidelines for medical examination of pregnant rape victims exceeding 24 weeks; allows termination of pregnancy of around 25 weeks of a minor child
The Delhi High Court allowed termination of pregnancy of around 25 weeks of a minor child and further directed the SHO concerned to ensure that after the medical termination and the period of rest, the minor child was admitted to a Government school, so she could continue studying further.
Bombay High Court grants guardianship to biological parents of a child born out of their illegitimate relationship
“If the prayers of the petitioners in the present petition are not considered favorably, it would create a situation where the respondent already having given up any claims towards the minor child, she would be deprived of the right to be taken care of and maintained by the petitioners, who are more than willing to take care of her needs, being the biological parents of the minor child.”
“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
Pulling the dupatta of a girl amounts to offence under S. 354 IPC; Bombay Special Court directs compensation of Rs 15000 to the minor victim
POCSO Special Court, at Fort, Gr. Bombay: In a case where charge sheet is filed against the accused for offences
Minor seeks maintenance but issue of her paternity is in question: Will J&K and Ladakh HC grant maintenance amidst the dispute? Read full report
Jammu and Kashmir and Ladakh High Court, Srinagar: Sanjay Dhar, J., addressed a matter with regard to providing maintenance to a minor
Right of Putative Father to visit minor child upheld: Del HC
Delhi High Court: Upholding the rights of the putative father, V. Kameswar Rao, J., expressed that while determining and granting such rights,
Del HC | Family Judge is supposed to proactively engage with parties and act as facilitator, mediator: HC discussed role of and expectations from a Family Judge
Delhi High Court: Yashwant Varma, J., delved into the subject of the role of a Family Judge while deciding petitions which come