Search Results for "parens patriae jurisdiction"

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High Court of Karnataka Appoints Wife as Guardian of Comatose Husband and Directs Banks to Release Funds for Treatment and Livelihood. Court exercises parens patriae jurisdiction under Article 226 of the Constitution of India to appoint guardian for incapacitated person and issue mandamus to banks.

The petitioner, Sandya Anilkumar, wife of Dr. Anil Kumar H.V., filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a...

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High Court of Karnataka Allows Husband's Petition to Set Aside Ex-Parte Order in Divorce Case, Dismisses Wife's Petition for Certiorari. Family Court's Order Restoring Petition to File and Directing Fresh Notice Upheld as Proper Exercise of Discretion Under Order 9 Rule 13 CPC.

The case involves two writ petitions arising from matrimonial proceedings between Mr. Harmeet Singh (husband) and Mrs. Juliet Kukreja (wife) in G and ...

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High Court of Karnataka Allows Husband's Petition to Set Aside Ex-Parte Order in Divorce Case, Dismisses Wife's Petition for Certiorari. Family Court's Order Restoring Divorce Petition to File Set Aside Due to Lack of Notice to Husband.

The judgment pertains to two writ petitions arising from a matrimonial dispute between Mr. Harmeet Singh (husband) and Mrs. Juliet Kukreja (wife). The...

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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.

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...

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Bombay High Court Allows Habeas Corpus Petition for Return of Minor Child to Netherlands. Dutch Mother's Custody Rights Upheld; Child's Habitual Residence Determined as Netherlands.

The petitioner, a Dutch national, filed a habeas corpus petition seeking the return of her minor daughter 'N' from the respondent father and his famil...

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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 Adjudicates Habeas Corpus Petition by Father of Minor Child for Custody and Return to USA; Maintainability of Habeas Corpus and Compliance with Foreign Court Order Considered After Remand by Supreme Court

The case involves a habeas corpus petition filed by the father of a minor child, Aaryan, seeking production and custody from the mother. The father, a...

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Bombay High Court Delivers Judgment on Writ Petition Challenging Family Court's Custody Order in International Abduction Case. The Court Examined the Applicability of Hague Convention and Jurisdictional Overlaps Between Indian and Dutch Forums.

The judgment addresses a custody dispute between parents of a minor daughter, Insiya. The father, an Indian citizen, and the mother, a dual citizen of...