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Bombay High Court Quashes FIR in Domestic Violence Case Due to Lack of Territorial Jurisdiction — Marriage Solemnized and Incident Occurred in Gujarat, Not Maharashtra. Section 27 of Protection of Women from Domestic Violence Act, 2005 Requires Proceedings in Court Where Victim Resides or Incident Occurs.

The petitioner, an Indian citizen, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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Bombay High Court Acquits Accused in Murder Case Due to Unreliable Child Witness. Conviction under Section 302 IPC set aside as sole testimony of child witness was found untrustworthy and not corroborated by other evidence.

The appellant, Nijam Chindhu Tadvi, was convicted by the Sessions Judge, Jalgaon for the murder of Chayabai under Section 302 IPC and sentenced to lif...

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Bombay High Court Directs Strict Compliance with Child Victim Rights in POCSO Cases. Court Mandates Implementation of Section 40 POCSO Act and Section 439(1-A) CrPC to Ensure Child Participation and Legal Assistance.

The petitioner, a social worker assisting child victims of sexual abuse, filed a Public Interest Litigation before the Bombay High Court seeking enfor...

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Bombay High Court Dismisses Father's Appeal in Child Custody Dispute, Upholds Mother's Custody Based on Child's Welfare. The court held that the welfare of the child is paramount, and the mother's custody was in the child's best interest under Section 6 of the Hindu Minority and Guardianship Act, 1956.

The case involves a custody dispute between the appellant father, Mr. Arun Sharma, a Hindu, and the respondent mother, Roxann Sharma, a Christian Amer...

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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

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...

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Bombay High Court Upholds Juvenile Board's Decision to Try Older Juvenile as Adult in Murder Case — Section 15 of Juvenile Justice Act, 2015 Requires Individualized Assessment of Physical and Mental Capacity to Commit Offence.

The case involves two juveniles, aged 17.5 years and 16.5 years, accused of murdering a three-and-half-year-old child. The Juvenile Justice Board, aft...

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Bombay High Court Allows Appeal in Guardianship Case — Child's Welfare Paramount. Consent of Biological Parents and Child's Best Interests Justify Granting Guardianship to Prospective Adoptive Parents Under Guardians and Wards Act, 1890.

The case involves an appeal against an order of a learned single Judge dated 30th November 2004 dismissing the appellants' petition for guardianship. ...