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Bombay High Court Dismisses Suit by Minor Children Seeking to Set Aside Family Settlement — Memorandum of Family Settlement Held Binding as a Family Arrangement Under Contract Act and Specific Relief Act

The plaintiffs, four children of Madhupati and Anuradha Singhania (Defendants 1 and 2), filed a suit seeking cancellation of a Memorandum of Family Se...

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Bombay High Court Dismisses Guardianship Petition for Lack of Jurisdiction — Family Court Has Exclusive Jurisdiction Over Guardianship of Person. Property Claims Cannot Be Adjudicated Independently in Guardianship Proceedings.

The petitioner, the father of two minors, filed a guardianship petition under Sections 6 and 11 of the Hindu Minority and Guardianship Act, 1956, seek...

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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.

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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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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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...