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Search Results for "foreign divorce"

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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 Habeas Corpus Petition by Father for Custody of Minor Child from Mother. Habeas Corpus Not Maintainable When Child in Lawful Custody of Mother; Proper Remedy Under Guardians and Wards Act, 1890.

6 Dec 2023

The petitioner, Richard Alexander Geary, a UK citizen, married respondent No. 2, Aishvarya Krishnan Geary, an Indian citizen, in New York on 26 Decemb...

High Court

Bombay High Court Dismisses Petition to Quash Domestic Violence Proceedings — Maintainability of Application Under Section 12 of DV Act Against Husband and In-Laws Upheld Despite Lack of Shared Household. The Court held that the wife's right to reside in a shared household is not contingent on her actual residence at the time of filing the application, and the Magistrate has jurisdiction to grant reliefs under the Protection of Women from Domestic Violence Act, 2005.

2 Mar 2016

The Bombay High Court dismissed a writ petition filed by the husband and his parents seeking quashing of proceedings initiated by the wife under Secti...

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 Allows Repatriation of Minor Child to USA in Habeas Corpus Case, Modifies COVID-19 Conditions. The welfare of the child is paramount, and the foreign court's order is a factor; conditions requiring health certificates were impractical and set aside.

9 Sep 2020

The appellant, father of a three-and-a-half-year-old child, filed a habeas corpus petition before the High Court of Karnataka seeking repatriation of ...

High Court

High Court of Karnataka Dismisses Habeas Corpus Petition in Child Custody Dispute — Father's Petition Against Mother and In-Laws Fails as Child Not in Illegal Detention. Court holds that habeas corpus is not maintainable when child is with mother in lawful custody and custody issues should be adjudicated under guardianship laws.

29 May 2017

The petitioner, Shriram Sankaran, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution of India seeking production of his mino...

High Court

Bombay High Court Upholds Discretion of Parsi Matrimonial Courts to Appoint Court Commissioner for Evidence Recording Under PMDA. The court held that the Parsi Marriage and Divorce Act, 1936 does not expressly or impliedly bar the application of Order XVIII Rule 4 CPC for recording evidence before a Commissioner.

21 Nov 2024

The case arose from an appeal against an order dated 3 April 2014 passed by the learned Parsi Chief Metropolitan Court, Mumbai (Justice G S Patel) in ...

High Court

High Court of Karnataka Dismisses Habeas Corpus Petition for Child Custody, Holds That Custody Orders by Foreign Courts Are Not Enforceable Through Habeas Corpus When Children Are Not Illegally Detained. The court ruled that the proper remedy for custody disputes is before the Family Court under the Guardians and Wards Act, 1890 or the Hindu Minority and Guardianship Act, 1956, and not through habeas corpus.

22 Feb 2018

The petitioner, Pavan Srikanth Reddy, filed a writ of habeas corpus through his GPA holder seeking custody of his two minor children from his ex-wife,...

High Court

Bombay High Court Quashes Domestic Violence Proceedings Against Husband and In-laws Due to Lack of Territorial Jurisdiction. Complaint Filed at Pune While Shared Household Was in Hyderabad — Held That Jurisdiction Lies Where Cause of Action Arises, Not at Wife's Temporary Residence.

2 Mar 2016

The petitioners, the husband and his parents, filed a writ petition under Article 227 of the Constitution of India challenging the proceedings initiat...

High Court

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.

7 Feb 2024

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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