Search Results for "Interim custody"

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Search Results for "Interim custody"

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High Court

Gujarat High Court Allows Father's Appeal for Interim Custody and Visitation Rights of Minor Son in Guardianship Dispute. Court holds that welfare of child is paramount and both parents have equal rights, granting father access to child during pendency of guardianship proceedings.

27 Mar 2026

The present appeal was filed by the father, Jenishbhai Jaikishanbhai Rathod, under Section 19 of the Family Courts Act, 1984, being aggrieved by the o...

High Court

Bombay High Court Grants Habeas Corpus to Petitioner Arrested Without Compliance of Section 57 CrPC and Article 22(2) of Constitution — Illegal Detention and Non-Production Before Magistrate Within 24 Hours Violates Fundamental Rights. The court held that the arrest was illegal due to non-compliance with mandatory provisions of the Code of Criminal Procedure and the Constitution, and ordered the petitioner's release.

5 Sep 2024

The petitioner, Hem Prabhakar Shah, filed a writ of habeas corpus before the Bombay High Court challenging his arrest and detention by the Azad Maidan...

Supreme Court

Supreme Court Sets Aside Habeas Corpus Order in Child Custody Dispute, Emphasizes Welfare of Child as Paramount Consideration. Court holds that custody of a minor cannot be disturbed in habeas corpus proceedings without considering the child's welfare, especially when the child has been with maternal relatives for over a year.

3 Sep 2024

The Supreme Court of India heard an appeal against a judgment of the Madhya Pradesh High Court which, in a habeas corpus petition, directed the appell...

High Court

Bombay High Court Allows Habeas Corpus Petitions for Custody of Children Allegedly Adopted Through Unlawful Means — Emphasizes Child's Welfare Over Procedural Irregularities in Adoption Deeds. Court holds that writ of habeas corpus is maintainable by persons claiming custody of minor children, even if not biological parents, and that the best interest of the child is paramount, directing interim custody to petitioners pending investigation.

22 Jul 2024

The Bombay High Court dealt with three writ petitions seeking habeas corpus for custody of minor children who were taken away by the Child Welfare Com...

Supreme Court

Supreme Court Allows Father's Appeal in Child Custody Dispute, Restores Family Court's Order Granting Permanent Custody. The Court held that the High Court erred in substituting a shared custody arrangement without adequate consideration of the children's welfare under the Guardian and Wards Act, 1890.

8 May 2024

The case involves a custody dispute between a Colonel in the Indian Armed Forces (appellant) and his wife, a teacher (respondent), over their two mino...

Supreme Court

Supreme Court Allows CBI's Appeal Against Grant of Default Bail to Accused in Corruption Case - Statutory Bail Right Extinguished Upon Filing of Charge Sheet Under Section 167(2) CrPC. Accused's Detention After Cancellation of Interim Bail Under Chapter XXXIII CrPC Does Not Count Towards 90-Day Period for Default Bail, as Charge Sheet Was Filed Before Bail Application Decided.

10 Apr 2023

The Supreme Court of India heard an appeal by the Central Bureau of Investigation (CBI) against a judgment and order dated 30.09.2022 passed by the Hi...

Supreme Court

Supreme Court Allows Appeal in Child Custody Case, Setting Aside High Court's Habeas Corpus Order. The Court Held that Habeas Corpus is Not Appropriate for Custody Disputes and the Welfare of the Child is Paramount Under Section 6 of the Hindu Minority and Guardianship Act, 1956, Requiring a Fresh Assessment by a Family Court.

12 Jan 2022

The appeal arose from a dispute between a wife (appellant no.1) and husband (respondent no.1) over the custody of their minor son, a US citizen born i...

High Court

Bombay High Court Partially Allows Petition Challenging Stay Order in Maintenance and Custody Case — Refuses to Stay Monthly Maintenance and Custody Direction While Staying Compensation and Return of Gold Ornaments. The court upheld the appellate court's discretion to grant partial stay under Section 125 CrPC, emphasizing the wife's right to maintenance and child custody.

31 Jul 2019

The petitioners, six family members including the husband and his relatives, challenged an order dated 15/06/2018 (actually 12/06/2018) passed by the ...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Minor Daughter from Maternal Relatives. Court holds that welfare of the child is paramount and father's petition is not maintainable as child is not in illegal detention.

6 Feb 2019

The petitioner, Shekhar Jagdish Prasad Tewari, filed a writ of habeas corpus before the Bombay High Court seeking production and custody of his minor ...

High Court

Bombay High Court Quashes FIR Against NMMC Officers in SC/ST Act Case — No Prima Facie Case as Alleged Insult Occurred in Private Meeting, Not in Public View. Requirement of 'Public View' Under Section 3(1)(x) of SC/ST Act Not Satisfied When Incident Takes Place in Closed Chamber Without Public Presence.

22 Jul 2010

The petitioners, five senior officers of the Navi Mumbai Municipal Corporation (NMMC), filed a writ petition under Article 226 of the Constitution rea...

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