Search Results for "Guardianship"

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Search Results for "Guardianship"

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High Court

Bombay High Court Declares Wife as Legal Guardian of Comatose Husband in Writ Petition under Article 226 — Directions Issued to Banks and Authorities to Allow Operation of Affairs. The Court exercised parens patriae jurisdiction to fill the statutory void in adult guardianship, relying on medical evidence of persistent vegetative state.

7 Feb 2024

The petitioner, Janaki Suresh, filed a writ petition under Article 226 of the Constitution of India seeking a declaration that she be appointed as the...

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...

High Court

Bombay High Court Dismisses Husband's Transfer Petition in Domestic Violence Case — Maintains Wife's Choice of Forum Under PWDV Act. The court held that the wife's choice of forum under Section 12 of the Protection of Women from Domestic Violence Act, 2005 cannot be overridden by the husband's convenience under Section 24 CPC.

20 Dec 2023

The judgment concerns two Miscellaneous Civil Applications filed by husbands seeking transfer of proceedings initiated by their wives under the Protec...

High Court

Bombay High Court Allows Father to Take Son Abroad for Education in Child Custody Case — Consent Term Restricting Foreign Travel Overridden by Child's Welfare. Clause 8(g) of Consent Terms Not Absolute; Court Permits Father to Take Minor Son to USA for Studies, Subject to Conditions Ensuring Mother's Access and Child's Well-being.

4 May 2023

The petitioner husband and respondent wife had their marriage dissolved by mutual consent in 2017, with consent terms providing for joint custody of t...

High Court

Bombay High Court Allows Mother's Appeal for Custody of Minor Son in Guardian and Wards Case — Best Interest of Child Paramount Under Guardian and Wards Act, 1890. Mother, being natural guardian under Section 6 of Hindu Minority and Guardianship Act, 1956, entitled to custody of minor son aged 9 years; father failed to prove mother's disqualification.

13 Apr 2023

The appellant, Sau. Reshma Sumedh Bawaskar, wife of the respondent Sumedh Sudhakar Bawaskar, filed an appeal under Section 19 of the Family Courts Act...

Supreme Court

Supreme Court Modifies Custody Directions in Child Custody Dispute Between Parents — Mother's Application for Enhanced Visitation and Communication Rights Partially Allowed. The Court upheld its earlier directions regarding video conferencing and visitation, while noting the father's agreement to certain additional protections.

8 Dec 2020

This matter arises from Miscellaneous Applications filed in a child custody appeal. The Supreme Court had earlier passed a judgment on 28.10.2020 in C...

High Court

Bombay High Court at Goa Upholds Conviction for Kidnapping, Rape, and Murder of Minor — Life Imprisonment Confirmed. Circumstantial evidence including last seen theory, recovery of body, and DNA evidence held sufficient to prove guilt beyond reasonable doubt.

7 Oct 2020

The appellant, Deepak Kumar Ganesh Rai Manto, was convicted by the Children's Court at Goa for kidnapping, rape, and murder of a minor girl, and for d...

Supreme Court

Supreme Court Allows Mother to Take Child to Singapore in Custody Dispute — Welfare of Child Paramount. Mother's Relocation for Employment Does Not Justify Restriction on Child's Travel; Family Court Retains Jurisdiction with Undertakings.

18 Sep 2020

The appellant, Mrs. Ritika Sharan, and the respondent, Mr. Sujoy Ghosh, were married on 4 February 2009 and have a son, Sattik, born on 9 May 2013. Du...

Supreme Court

Supreme Court Allows Appeals in Court Fee Valuation Dispute: Circle Rate Not Conclusive for Market Value Under Section 7(iv-A) of Court Fees Act. The Court held that the market value for court fee purposes must be determined based on pleadings and evidence, not merely the circle rate fixed by the Collector.

19 Feb 2020

The appellant, Agra Diocesan Trust Association, filed two suits (O.S. 24/2013 and O.S. 25/2013) in the court of Civil Judge (Senior Division), Dehradu...

Supreme Court

Supreme Court Allows Mother's Appeal in NRI Child Custody Dispute — Best Interest of Child Requires Full Hearing Before Return. The Court set aside the High Court's order for immediate return of children to the US, directing the Family Court to decide custody based on welfare, not merely on comity or habitual residence.

15 Mar 2019

The case involves a custody dispute between Lahari Sakhamuri (mother/appellant) and Sobhan Kodali (father/respondent) over their two minor children, b...

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