Search Results for "Interim custody"

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Search Results for "Interim custody"

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High Court

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.

18 Dec 2025

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...

High Court

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.

7 Feb 2024

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...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child from Mother. Habeas Corpus Not Maintainable When Child in Lawful Custody of Mother; Proper Remedy Under Guardians and Wards Act, 1890.

6 Dec 2023

The petitioner, Richard Alexander Geary, a UK citizen, married respondent No. 2, Aishvarya Krishnan Geary, an Indian citizen, in New York on 26 Decemb...

High Court

High Court of Karnataka Allows Husband's Petition for Joint Custody of Minor Daughter in Family Court Dispute — Emphasizes Welfare of Child as Paramount Consideration Under Guardian and Wards Act, 1890. The court set aside the Family Court's order rejecting joint custody and remanded for fresh consideration, holding that joint custody can be granted to ensure both parents have meaningful access to the child.

5 Apr 2023

The petitioner, Mr. Joseph Kevin Selvadoray, husband of the respondent Shabana Bukht, filed a writ petition under Article 227 of the Constitution of I...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests.

27 Sep 2022

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production ...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Mother Against Father for Custody of Minor Child. Father's Custody Held Not Unlawful as Both Parents Have Equal Rights; Dispute to Be Adjudicated Under Guardians and Wards Act, 1890.

15 Jan 2020

The petitioner, Mrs. Namita Mahendra Thanai, filed a writ of habeas corpus under Article 226 of the Constitution of India seeking production of her mi...

Supreme Court

Supreme Court Dismisses Appeal Holding That Bail in Original FIR Does Not Cover Newly Added UAPA Offences and NIA Re-Registration Is Not a Second FIR. The court ruled that the appellant must seek fresh bail for offences under the Unlawful Activities (Prevention) Act, 1967, and that the NIA's re-registration and further investigation were lawful.

26 Apr 2019

The appellant, Pradeep Ram, was initially arrested in connection with FIR No. 02/2016 registered at Police Station Tandwa for offences under Sections ...

High Court

Bombay High Court Allows Wife's Application Challenging Denial of Interim Maintenance in DV Act Case — Magistrate's Order Set Aside for Non-Compliance with Section 23 of DV Act. The Court held that the Magistrate must record reasons for denying interim relief under the Protection of Women from Domestic Violence Act, 2005, and the appellate court must independently assess the evidence.

2 Nov 2018

The applicant, Mrs. Payal Sudeep Laad, filed an application under Section 482 of the Code of Criminal Procedure, 1973, challenging the order dated 3rd...

High Court

Bombay High Court Quashes Interim Custody Order in Domestic Violence Case — Child's Welfare Paramount Under Section 21 of Protection of Women from Domestic Violence Act, 2005. The court held that interim custody orders must be based on evidence of child's best interests, not merely allegations of domestic violence.

21 Dec 2016

The petitioners, Dr. Parijat Vinod Kanetkar (husband), his mother, father, and sister, challenged the order dated 8.10.2015 passed by the Judicial Mag...

High Court

Bombay High Court Sets Aside Family Court Order Disturbing Child Custody Based on Consent Without Welfare Inquiry. The court held that a custody order under Section 8 of the Guardians and Wards Act, 1890 cannot be passed solely on consent without considering the welfare of the child.

8 Dec 2016

The case involves an appeal by the father (Appellant 'A') against a Family Court order dated 15 July 2014 that disturbed the custody of his two minor ...

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