Search Results for "habeas corpus maintainability"

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Search Results for "habeas corpus maintainability"

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High Court

Madras High Court Dismisses Habeas Corpus Petition Seeking Custody of Minor Child from Father. Habeas Corpus Not Maintainable When Child in Legal Custody of Natural Guardian Father Under Article 226 of the Constitution of India, 1950.

20 Feb 2025

The petitioner, Yogitha, a mother residing abroad, filed a habeas corpus petition under Article 226 of the Constitution of India, represented by her p...

Supreme Court

Supreme Court Allows Father's Custody of Minor Child in Habeas Corpus Petition, Emphasizing Natural Guardian's Right and Child's Welfare. The court held that the father, as natural guardian, is entitled to custody unless it is against the child's welfare, and directed transitional custody to minimize disruption to the child's education.

7 Feb 2025

The Supreme Court allowed an appeal by the father, Vivek Kumar Chaturvedi, against the State of U.P. and others, challenging a High Court order that d...

Supreme Court

Supreme Court Allows Custody to Natural Guardian Father in Habeas Corpus Petition — Father's Right to Custody of Minor Child Cannot Be Denied by Relatives Without Legal Authority. Father, as natural guardian under Section 6 of Hindu Minority and Guardianship Act, 1956, entitled to custody of minor daughter from sisters-in-law who had no legal right to retain her.

20 Aug 2024

The appellant, Gautam Kumar Das, married Subrata Das in 2012, and they had two children: a son born in 2013 and a daughter, Sugandha Das, born on 20th...

High Court

High Court of Karnataka Quashes Remand Extension Order in UAPA Case for Lack of Jurisdiction — Magistrate Not Empowered to Extend Remand Beyond 15 Days Without Production of Accused. Default bail order set aside as premature.

21 Apr 2023

The petitioners, five individuals arrested in Crime No.71/2022 registered by Panambur Police Station for offences under Sections 121, 121A, 120B, 153A...

High Court

Bombay High Court Dismisses Writ Petition Challenging Property Tax Levy by Panvel Municipal Corporation on Kharghar Node. Petitioners Lacked Locus Standi and Failed to Exhaust Statutory Remedy of Appeal Under Section 406 of Maharashtra Municipal Corporation Act, 1949.

6 Apr 2023

The petitioners, Kharghar Co-op. Housing Societies Federation and an individual resident, filed a writ petition under Article 226 of the Constitution ...

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...

High Court

Bombay High Court Dismisses Application for Return of Passports in Child Custody Dispute — Passports to Remain in Court Custody Pending Final Orders of Family Court. The court held that the passports of minor children deposited with the court registry pursuant to a consent order should not be returned to the parties until the Family Court passes final orders in the custody petitions, as the passports are a crucial lever to ensure compliance with custody arrangements.

24 Jul 2020

The case involves an interim application filed by the applicant-father, Ashu Dutt, in a disposed of writ petition under Article 227 of the Constitutio...

High Court

Bombay High Court Dismisses Application for Return of Passports in Child Custody Dispute — Passports Ordered to Remain in Court Custody Pending Final Determination of Custody Petitions. The court held that the Family Court, which is seized of the custody petitions, is the appropriate forum to decide on the return of passports, considering the welfare of the minor children.

24 Jul 2020

The judgment concerns an interim application filed in a disposed of writ petition under Article 227 of the Constitution of India. The writ petition ha...

High Court

Bombay High Court Quashes Preventive Detention Order Under PITNDPS Act Due to Inordinate Delay in Execution — Detenu Surrendered Voluntarily After 17 Years, Detention Order Held Stale and Non-Operative. The court held that an unexplained delay of 17 years between the passing of a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 and its execution renders the order stale and vitiates the subjective satisfaction of the detaining authority.

10 Oct 2012

The petitioner, Smt. Heena Kausar, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking to set aside a preventive det...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act Due to Non-Supply of Legible Documents and Inadequate Translation. Detenu's Right to Make Effective Representation Under Article 22(5) of Constitution Violated.

16 Sep 2011

The petitioner, Rushikesh Tanaji Bhoite, son of the detenu Tanaji Keshavrao Bhoite, challenged the detention order dated 10.1.2011 passed by the Distr...

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