Search Results for "Guardianship"

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Search Results for "Guardianship"

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High Court

High Court of Karnataka Allows Writ Petitions in Succession Dispute Over Will Execution — Court Sets Aside Trial Court Order Dismissing Application for DNA Test of Will Executant. The Court Held That When Execution of a Will is Disputed on Grounds of Forgery or Fraud, DNA Profiling of the Testator May Be Ordered to Ascertain Genuineness Under Section 45 of the Indian Evidence Act, 1872.

24 Apr 2026

The case involves two writ petitions filed by Mrs. Shruti Sood alias Shruti Banerji, the widow of Late Amit Banerji, against her mother-in-law Mrs. Sa...

High Court

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.

18 Nov 2025

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...

High Court

High Court of Karnataka Dismisses Second Appeal in Specific Performance Suit — Minor Defendant's Interest Protected by Natural Guardian. Court holds that Section 8 of Hindu Minority and Guardianship Act, 1956 does not bar a natural guardian from entering into a contract for sale of minor's property without prior court permission, and such contract is enforceable if it is for the benefit of the minor.

29 Aug 2025

The appellant, Saritha P Shetty, filed a Regular Second Appeal under Section 100 CPC against the judgment and decree dated 18.11.2020 passed in RA No....

High Court

High Court of Karnataka Allows Parents-in-Law's Petition in Child Custody Jurisdiction Dispute — Family Court at Mysuru Lacks Territorial Jurisdiction as Minor Child Resides with Grandparents in Chamarajanagara District. Jurisdiction under Section 9 of Guardians and Wards Act, 1890 is determined by minor's residence, not petitioner's residence.

22 Apr 2024

The petitioners, Samiulla Saheb and Mubeen Taj, are the parents-in-law of the respondent, Mohammed Sameer. The respondent married the petitioners' dau...

High Court

Bombay High Court Allows Father's Interim Custody and Restrains Mother from Taking Minor Child Abroad in Custody Dispute. Court holds that welfare of child is paramount and interim custody can be granted to father pending final determination, especially when mother's conduct raises concerns about child's well-being and risk of removal from jurisdiction.

9 Jun 2020

The case involves a custody dispute between Dharmesh Vasantrai Shah (Petitioner/father) and Renuka Prakash Tiwari (Respondent/mother) over their minor...

Supreme Court

Supreme Court Partially Allows Father's Appeal in Child Visitation Rights Dispute - Emphasizes Child Welfare Over Legal Technicalities. The Court Remands Matter to High Court for Fresh Consideration with Expert Assistance to Ascertain Children's Wishes.

14 Feb 2020

The case involves a custody and visitation rights dispute between Soumitra Kumar Nahar (appellant-husband) and Parul Nahar (respondent-wife). The coup...

Supreme Court

Supreme Court Upholds Father's Custody of Minor Daughter in Guardianship Dispute — Child's Welfare Paramount, Mother's Paranoid Schizophrenia and Unsubstantiated Allegations of Sexual Abuse Considered

16 Dec 2019

The Supreme Court disposed of a Special Leave Petition filed by the mother (DSG) challenging an interim order of the Delhi High Court dated 26.03.2019...

High Court

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.

9 Aug 2017

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...

High Court

High Court of Karnataka Dismisses Husband's Writ Petition Challenging Family Court Jurisdiction in Guardianship Case — Wife's Residence Determines Venue Under Section 9 of Guardians and Wards Act, 1890. The court held that jurisdiction under Section 9 is based on the minor's ordinary residence, not the father's residence, and since the minor children lived with the mother in Bangalore, the Family Court at Bangalore had jurisdiction.

13 Dec 2013

The petitioner husband and respondent wife married in 1994 and had two daughters, Aditi (born 1998) and Vidushi (born 2003). They separated in 2010, w...

High Court

Bombay High Court Dismisses Grandfather's Petition Challenging Custody Order — Father Entitled to Custody as Natural Guardian Under Section 6 of Hindu Minority and Guardianship Act, 1956. The court upheld the lower court's order directing handover of minor child to father, rejecting grandfather's claim based on suspicion of daughter's death.

18 Jul 2012

The petitioner, Bhagwan Haribhau Rathod, filed a writ petition challenging the judgment and order dated 8.8.2009 passed by the learned District Judge-...

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