Search Results for "exclusive custody"

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Search Results for "exclusive custody"

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High Court

High Court of Judicature at Bombay Adjudicates Guardianship Petitions Involving Minor Child's Custody Following Death of Biological Parents. The court examined competing claims of maternal grandparents and aunt versus paternal cousin and alleged fiancée under the Guardians and Wards Act, 1890 after the minor's biological parents died.

28 Apr 2025

The matter concerned three guardianship petitions before the High Court of Judicature at Bombay relating to a minor child, Master Yohan Johnny Sankara...

High Court

Bombay High Court Adjudicates Habeas Corpus Petition by Father of Minor Child for Custody and Return to USA; Maintainability of Habeas Corpus and Compliance with Foreign Court Order Considered After Remand by Supreme Court

14 Sep 2023

The case involves a habeas corpus petition filed by the father of a minor child, Aaryan, seeking production and custody from the mother. The father, a...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Mother Seeking Custody of Daughters from Father in Cross-Border Child Custody Dispute. Court holds that habeas corpus is not maintainable when custody is pursuant to a competent court order and the child's welfare is paramount, directing parties to approach appropriate family court.

24 Mar 2021

The petitioner, Delna Khambatta, an American citizen, filed a writ of habeas corpus before the Bombay High Court seeking a direction to her husband, D...

Supreme Court

Supreme Court Allows Father's Appeal in Child Custody Dispute, Upholds Use of Mediator and Counsellor Reports. Reports of Child Counsellor and Mediator Regarding Child's Behavior and Attitude Are Not Confidential Under Mediation Confidentiality Rules.

15 Feb 2019

The appellant, Perry Kansagra, a Kenyan and British citizen, and the respondent, Smriti Madan Kansagra, an Indian citizen, married on 29 July 2007 in ...

High Court

Bombay High Court Allows Revision in Guardianship Custody Case — Family Courts Act Overrides Guardian and Wards Act for Custody Matters. Application under Section 25 of Guardian and Wards Act, 1890 held not maintainable in view of Section 7(1)(g) of Family Courts Act, 1984.

28 Mar 2006

The case involves a civil revision application filed by Vimalashram Gharkul of Amprapali Utkarsha Sangh, a registered public trust, through its Secret...

High Court

Bombay High Court Allows Appeal in Guardianship Case — Child's Welfare Paramount. Consent of Biological Parents and Child's Best Interests Justify Granting Guardianship to Prospective Adoptive Parents Under Guardians and Wards Act, 1890.

24 Feb 2005

The case involves an appeal against an order of a learned single Judge dated 30th November 2004 dismissing the appellants' petition for guardianship. ...

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...

High Court

Bombay High Court Allows Mother's Writ Petition for Interim Custody of Minor Daughter Under Hindu Minority and Guardianship Act, 1956. Court Holds Mother as Natural Guardian After Father's Death and That Custody with Mother Serves Child's Welfare, Not Merely Prolonged Stay with Paternal Grandparents.

15 Jul 2025

The petitioner, a mother, filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the order dated 22.04.2025 passed by the D...

High Court

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.

11 Feb 2026

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...

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...

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