Search Results for "Habeas Corpus Petition"

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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.

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...

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Gujarat High Court Dismisses Habeas Corpus Petition by Mother Seeking Custody of Minor Daughter from Father. Custody Dispute Between Parents Must Be Adjudicated Under Guardians and Wards Act, 1890, Not Through Habeas Corpus, as Father's Custody as Natural Guardian Is Not Per Se Illegal.

The petitioner, Kinjal, filed a habeas corpus petition seeking production of her four-year-old daughter Trishika, alleging that the child was in the u...

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Supreme Court Upholds Parole Order for Convict in Culpable Homicide Case Due to Arbitrary Rejection and Delay in Execution. Rejection of permanent parole on ground of not applying for regular parole held unsustainable; delay in implementing High Court order violates Article 21.

The appellant, Daulal, was convicted for offences under Sections 148, 448, 304 Part II read with 149, and 323 of the Indian Penal Code, 1860, and sent...

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Bombay High Court Quashes FIR in Domestic Violence Case Due to Lack of Territorial Jurisdiction — Marriage Solemnized and Incident Occurred in Gujarat, Not Maharashtra. Section 27 of Protection of Women from Domestic Violence Act, 2005 Requires Proceedings in Court Where Victim Resides or Incident Occurs.

The petitioner, an Indian citizen, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Twin from Grandmother. Writ of Habeas Corpus Not Maintainable for Child Custody Dispute Between Family Members When Child is in Lawful Custody of Grandmother.

The petitioner, Pravin Nathalal Parghi, is the biological father of 5-year-old twins. One son, Mst. Lakshya Parghi, is in the custody of the petitione...

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CRIMINAL WRIT PETITION NO. 2364 OF 2024

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Bombay High Court Allows Habeas Corpus Petition for Return of Minor Child to Netherlands. Dutch Mother's Custody Rights Upheld; Child's Habitual Residence Determined as Netherlands.

The petitioner, a Dutch national, filed a habeas corpus petition seeking the return of her minor daughter 'N' from the respondent father and his famil...

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Supreme Court Dismisses Habeas Corpus Petition in Child Custody Dispute Due to Pending Statutory Remedy. Petition Under Article 32 Constitution of India Held Not Maintainable as Custody with Mother Was Not Illegal and Father Had Already Filed Petition Under Guardians and Wards Act, 1890.

The dispute involved a father's petition for habeas corpus under Article 32 of the Constitution of India seeking custody of his two minor children. Th...

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Bombay High Court Dismisses Habeas Corpus Petition in Customs Act Detention Case — Detention Held Not Illegal. Petitioner's arrest under Section 104 of Customs Act, 1962 and subsequent judicial custody were lawful; no violation of Articles 14, 21, 22 of Constitution found.

The petitioner, Ankit Ghanshyam Mutha, filed a writ petition seeking a writ of habeas corpus and direction for his release from custody of the Directo...