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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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Gujarat High Court Acquits Accused in Kidnapping Case Due to Inconsistent Evidence and Consensual Relationship. Conviction under Section 363 IPC Set Aside as Prosecution Failed to Prove Age of Victim and Lack of Consent.

The appellant, Bharwad Somabhai Rambhai, was convicted under Section 363 of the Indian Penal Code (IPC) by the learned Fourth Fast-Track Judge and Add...

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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.

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...

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High Court of Karnataka Allows Appeal in Guardians and Wards Act Case — Custody of Minor Child Granted to Grandparents Based on Welfare Principle. Section 25 of the Guardians and Wards Act, 1890 — Court held that welfare of the minor is paramount and biological father's right is not absolute.

The case involves a dispute over the custody of a minor child under Section 25 of the Guardians and Wards Act, 1890. The appellants, the grandparents ...

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Bombay High Court Appoints Daughter as Legal Guardian of Mother Suffering from Alzheimer's Disease in Absence of Statutory Provision. Court Exercises Inherent and Parens Patriae Jurisdiction to Protect Rights of Mentally Ill Adult Under Article 21 of Constitution.

The petitioner, Anushka Rajiv Mohite, filed a writ petition before the Bombay High Court seeking to be appointed as the legal guardian of her mother, ...

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Bombay High Court Allows Daughter to Be Appointed Legal Guardian of Mother Suffering from Alzheimer's Disease — Recognizes Lacuna in Mental Health Act, 1987 and Hindu Minority and Guardianship Act, 1956 for Guardianship of Mentally Ill Adults.

The petitioner, Anushka Rajiv Mohite, filed a writ petition before the Bombay High Court seeking to be appointed as the legal guardian of her mother, ...

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Bombay High Court Acquits Appellants in Kidnapping Case Due to Voluntary Accompaniment by Minor. No 'Taking' Established Under Section 361 IPC as Minor Left Father's House of Her Own Free Will.

The appellants, Ashit s/o Adil Biswas, Madhav s/o Balram Gharami, and Suresh s/o Ramdas Bawankar (since abated), were convicted under Section 363 of t...

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Supreme Court Dismisses Appeal Against Compromise Decrees Passed Without Appointment of Representatives Under U.P. Court of Wards Act. Section 56 of the U.P. Court of Wards Act, 1912, Held to be Directory and Not Mandatory, Validating the Compromise Decrees.

The dispute arose from two cross-suits between the appellant, proprietor of Ganeshpur Estate, and the respondent, proprietor of Ramnagar Estate, conce...