Search Results for "habeas corpus maintainability"

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Bombay High Court Allows Habeas Corpus Petition for Custody of Minor Children from Father. Court holds that father's custody of children aged 3 years and 1.5 years is illegal and directs production and custody to mother, considering welfare of minor children as paramount.

The petitioner, Shubhangi w/o Ganesh Yadav, filed a criminal writ petition under Article 226 of the Constitution of India before the Bombay High Court...

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Supreme Court Allows Grandmother's Appeal in Child Custody Dispute, Sets Aside High Court's Habeas Corpus Order. Father's Voluntary Handover of Child to Grandmother and Affidavit Appointing Her as Guardian Renders Custody Not Illegal, Requiring Remedy Under Guardians and Wards Act, 1890.

The present appeal arises from a custody dispute over a minor child, Garvit, born on 5th July 2015 to Dr. Kulwant Singh (respondent-father) and Sangee...

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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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High Court of Karnataka Dismisses Habeas Corpus Petition by Father for Custody of Minor Child — Child in Mother's Custody Not Illegally Detained. Writ of Habeas Corpus Not Maintainable Where Custody Is with Natural Guardian and No Illegal Detention Is Shown.

The petitioner, Vayu Kishore, father of a 4-year-old minor child, Miss Vindhya Kishore, filed a writ of habeas corpus under Articles 226 and 227 of th...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Children from Mother in Cross-Border Dispute. Court holds that habeas corpus is not maintainable when children are in lawful custody of their mother and custody issues are pending before foreign court.

The petitioner, Deepak Malani, filed a writ of habeas corpus before the Bombay High Court seeking production of his two minor children, Tiana (aged 8)...

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Bombay High Court Allows Habeas Corpus Petition for Illegal Detention Without Production on Remand Date. Failure to Produce Accused Physically or Virtually on 22 March 2022 Renders Remand Order Invalid and Detention Illegal.

The petitioner, Sushil Lohiya, filed a habeas corpus petition on behalf of his son Brijesh Lohiya, who was an accused in an offence registered under S...

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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 by Parents Seeking Custody of Minor Child from Grandmother. Court holds that detention of child by grandmother is not illegal and that welfare of child is paramount, directing parents to seek custody through appropriate family court proceedings.

The petitioners, parents of a minor child named Anurag, filed a writ of habeas corpus before the Bombay High Court seeking production of their son and...

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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.

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...