Search Results for "biological father"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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Search Results for "biological father"

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High Court

High Court of Karnataka Quashes Appointment of Court Commissioner in Partition Suit — Trial Court Failed to Record Satisfaction That Commissioner Was Necessary for Just Decision Under Order 26 Rule 10 CPC. The Court Remitted the Matter for Fresh Consideration, Holding That the Power Under Order 26 Rule 10 CPC Must Be Exercised Judiciously and Only When Necessary for a Just Decision.

9 Jul 2026

The petitioner, Sri Shivanna, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 17.02.2022 passed by the...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Adoption Divests Rights in Joint Family Property. The court held that a registered adoption deed dated 12th September 1940 divested the adopted son of any rights in property purchased in his name before adoption, as the property was acquired from joint family income.

14 Feb 2025

The dispute pertains to a suit property purchased by Tatya Katkar, a government servant, in the name of his minor son Vithal (defendant no.1) on 21st ...

Supreme Court

Supreme Court Allows Appeal in Maintenance and Paternity Dispute — Holds That Family Court Cannot Reopen Paternity When Civil Court's Finding on Legitimacy Has Attained Finality. The presumption of legitimacy under Section 112 of the Indian Evidence Act, 1872, when conclusively established by a competent civil court, bars a subsequent maintenance proceeding from determining paternity against a third party.

1 Jan 2025

The case involves a long-standing dispute over the paternity and maintenance of a child born to a married woman. The respondent, Milan Joseph, was bor...

High Court

Bombay High Court Allows Petition Challenging Cancellation of Earthquake Affected Person Certificate — Tahsildar Cannot Review Civil Court Decree. Circular Issued by Collector Cannot Override Hindu Adoption and Maintenance Act, 1956.

9 Jul 2024

The petitioner, originally the biological son of Shankar Ramu Pawar, was given in adoption to Lalu Shivram Jadhav and his wife on 18.04.2022 through a...

Supreme Court

Supreme Court Allows Custody Appeal in Minor Child Dispute Under Parens Patriae Jurisdiction — Welfare of Child Paramount Over Biological Father's Rights. The court held that stability and best interest of the child, who had lived with maternal aunt since infancy, outweigh biological father's claim for custody.

1 Dec 2023

The Supreme Court allowed an appeal against a High Court order directing the restoration of custody of a 14-year-old girl to her biological father. Th...

High Court

Bombay High Court Allows Custody Appeal in Child Custody Dispute Under Family Courts Act, 1984 — Welfare of Child Paramount. Grandparents' Custody Set Aside as Biological Father's Right to Custody Upheld Subject to Child's Welfare.

26 Feb 2021

The case involves two appeals filed under Section 19 of the Family Courts Act, 1984, challenging a common judgment of the Family Court, Nagpur, in Pet...

High Court

Bombay High Court Dismisses Revision Against Refusal of DNA Test in Domestic Violence Proceedings — Paternity Dispute Cannot Be Decided Collaterally in DV Act Proceedings. The court upheld the concurrent findings of the Magistrate and Sessions Court rejecting the application for DNA test of the son, as the issue of paternity was not relevant for relief under the Protection of Women from Domestic Violence Act, 2005.

10 Jul 2018

The revision application was filed by Mr. Pramod Purushottam Sathe (applicant) challenging the order dated 16th February, 2016 passed by the Metropoli...

High Court

Bombay High Court Allows Unwed Mother's Petition for Birth Certificate Without Father's Name. Right to Privacy Under Article 21 Protects Unwed Mother's Decision to Not Disclose Father's Name in Birth Certificate Under Registration of Births and Deaths Act, 1969.

13 Mar 2018

The petitioner, an unmarried woman, delivered a female child on 7 November 2014. She filed a writ petition under Article 226 of the Constitution of In...

High Court

Bombay High Court Directs Passport Authority to Accept Application in Adopted Child's New Name — Adoption Valid Under Hindu Adoption and Maintenance Act, 1956. Passport Authority Cannot Refuse Application Based on Name Change After Valid Adoption, as Adoption Deed is Sufficient Proof of Name Change.

13 Oct 2014

The petitioner, Jigna Mahesh Dedhia, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the passport authorit...

High Court

Bombay High Court Directs Passport Authority to Accept Application in Adopted Child's New Name — Adoption Valid Under Hindu Adoption and Maintenance Act, 1956. The court held that a valid adoption under the Hindu Adoption and Maintenance Act, 1956 entitles the child to use the adoptive father's surname, and the passport authority cannot refuse to accept a passport application on that ground.

13 Oct 2014

The petitioner, Jigna Mahesh Dedhia, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the respondents, Unio...

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