Search Results for "Parens patriae"

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Search Results for "Parens patriae"

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High Court

Bombay High Court Dismisses Habeas Corpus Petition for Return of Minor Child to USA in International Parental Child Abduction Case. Court holds that the child's removal from USA to India by mother was not wrongful under the Hague Convention on the Civil Aspects of International Child Abduction as India is not a signatory, and the child's best interests lie in India pending custody proceedings.

22 Dec 2023

The petitioner, Sanil Sreekumar, an Indian citizen residing in the USA, filed a habeas corpus petition seeking the return of his minor daughter Ananya...

Supreme Court

Supreme Court Invokes Parens Patriae Jurisdiction in Contempt Petition to Restore Custody of Minor Child to Maternal Grandparents. Custody Earlier Awarded to Father but Reversed After Interaction with Child, Considering Best Interests.

7 Aug 2026

The Supreme Court was dealing with a contempt petition filed by the maternal grandparents of a minor child, alleging non-compliance of an earlier cust...

High Court

Bombay High Court Directs Medical Examination of Dementia Patient in Guardianship Petition Under Parens Patriae Jurisdiction. Son and Daughter Seek Guardian Appointment for Mother; Article 226 Petition Invoked to Protect Vulnerable Person.

15 Apr 2025

This matter involved a petition filed under Article 226 of the Constitution of India invoking the doctrine of parens patriae by petitioners, who are t...

High Court

Bombay High Court Allows Daughter to Be Appointed Legal Guardian of Mother Suffering from Alzheimer's Disease — Recognizes Lacuna in Mental Health Act, 1987 and Hindu Minority and Guardianship Act, 1956 for Guardianship of Mentally Ill Adults.

6 Oct 2023

The petitioner, Anushka Rajiv Mohite, filed a writ petition before the Bombay High Court seeking to be appointed as the legal guardian of her mother, ...

High Court

Bombay High Court Appoints Daughter as Legal Guardian of Mother Suffering from Alzheimer's Disease in Absence of Statutory Provision. Court Exercises Inherent and Parens Patriae Jurisdiction to Protect Rights of Mentally Ill Adult Under Article 21 of Constitution.

6 Oct 2023

The petitioner, Anushka Rajiv Mohite, filed a writ petition before the Bombay High Court seeking to be appointed as the legal guardian of her mother, ...

Supreme Court

Supreme Court Allows Mother's Appeal in Habeas Corpus for Disabled Adult Son, Sets Aside High Court Order for Fresh Consideration of Best Interests and Competency. The court held that the High Court must conduct a proper inquiry into the mental capacity and best interests of a disabled adult before dismissing a habeas corpus petition, and must give comity to a foreign guardianship order.

15 Jan 2025

The case concerns a custody dispute over Aadith Ramadorai, a 22-year-old US citizen with Ataxic Cerebral Palsy, between his mother (appellant) and fat...

High Court

Bombay High Court Allows Habeas Corpus Petition for Custody of Minor Child from Maternal Grandparents. Father's Right to Custody of Eight-Year-Old Daughter Upheld as Natural Guardian Under Hindu Minority and Guardianship Act, 1956, Section 6.

30 Apr 2026

The petitioner, Sunil s/o Patiram Parteti, filed a criminal writ petition under Article 226 of the Constitution of India seeking a writ of habeas corp...

Supreme Court

Supreme Court Allows Father's Appeal in Child Custody Dispute, Restores Family Court's Order Granting Permanent Custody. The Court held that the High Court erred in substituting a shared custody arrangement without adequate consideration of the children's welfare under the Guardian and Wards Act, 1890.

8 May 2024

The case involves a custody dispute between a Colonel in the Indian Armed Forces (appellant) and his wife, a teacher (respondent), over their two mino...

Supreme Court

Supreme Court Sets Aside Habeas Corpus Order in Child Custody Dispute, Emphasizes Welfare of Child as Paramount Consideration. Court holds that custody of a minor cannot be disturbed in habeas corpus proceedings without considering the child's welfare, especially when the child has been with maternal relatives for over a year.

3 Sep 2024

The Supreme Court of India heard an appeal against a judgment of the Madhya Pradesh High Court which, in a habeas corpus petition, directed the appell...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Parents Seeking Custody of Minor Child from Grandmother. Court holds that detention of child by grandmother is not illegal and that welfare of child is paramount, directing parents to seek custody through appropriate family court proceedings.

3 Mar 2021

The petitioners, parents of a minor child named Anurag, filed a writ of habeas corpus before the Bombay High Court seeking production of their son and...

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