Search Results for "minor children custody"

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Search Results for "minor children custody"

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Supreme Court

Supreme Court Allows Father's Custody of Minor Child in Habeas Corpus Petition, Upholds Natural Guardian's Right. The court held that the father, as natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956, is entitled to custody unless shown to be unfit, and the welfare of the child is best served by being with the surviving parent.

6 May 2019

The Supreme Court dismissed an appeal against the Bombay High Court's judgment ordering the custody of a minor girl child to her father, respondent No...

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 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.

28 Jul 2021

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...

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...

High Court

Madras High Court Dismisses Father's Appeal for Guardianship of Minor Child; Upholds Mother's Custody and Visitation Rights. Father's Remarriage and Long-Standing Custody with Mother Were Key Factors; Welfare of Child Paramount Under Guardian and Wards Act, 1890.

20 Feb 2025

The dispute arose from a marriage solemnized on 08.11.2010 between the appellant (father) and the respondent (mother) as per Christian rites. A male c...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Child from Mother. Habeas Corpus Not Maintainable for Child Custody Between Parents; Remedy Lies Under Guardians and Wards Act, 1890.

29 Apr 2026

The petitioner, Dr. Shreyas Dilip Mandre, filed a writ of habeas corpus before the Bombay High Court seeking production of his minor child 'N' from th...

High Court

Bombay High Court Dismisses Petition for Custody of Minor Child Filed by Father Residing in USA, Holding That Indian Courts Have Jurisdiction Over Child's Custody When Child Is Ordinarily Resident in India and Mother Has Not Submitted to Foreign Court's Jurisdiction. The court held that the welfare of the child is paramount and that the foreign ex parte order cannot be enforced in India.

15 Jul 2015

The petitioner husband, Dr. Sumit Fogla, and the respondent wife, Shradha Fogla, were married in 2005 in India. The husband was studying medicine in M...

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 Allows Habeas Corpus Petition for Custody of Minor Child from Maternal Grandparents. Father's Right to Custody of Eight-Year-Old Daughter Upheld as Natural Guardian Under Hindu Minority and Guardianship Act, 1956, Section 6.

30 Apr 2026

The petitioner, Sunil s/o Patiram Parteti, filed a criminal writ petition under Article 226 of the Constitution of India seeking a writ of habeas corp...

High Court

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.

3 Mar 2021

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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