Search Results for "guardian consent"

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Search Results for "guardian consent"

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High Court

High Court of Karnataka Allows Writ Petition to Quash Rejection of Adoption Deed Registration in Rape Victim's Case. Consent of Biological Father Who is Accused in Rape Case Not Required for Adoption Under Juvenile Justice Act, 2015.

22 Nov 2024

The petitioners filed a writ petition under Article 226 of the Constitution of India seeking to quash an endorsement dated 11.11.2024 issued by the Su...

Supreme Court

Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

20 Aug 2024

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

High Court

Bombay High Court Allows Adoption Petition, Sets Aside Custody Order in Favor of Adoptive Parents — Deed of Adoption Valid Under Hindu Adoption and Maintenance Act, 1956 Despite Lack of Witnesses and Registration.

19 Aug 2023

The case involves a dispute between adoptive parents (petitioners) and biological parents (respondents) over the custody of a minor child aged 2 years...

High Court

Bombay High Court Acquits Appellant in POCSO Case Due to Unproven Age — Benefit of Doubt Given as Prosecution Failed to Establish Minority of Prosecutrix Beyond Reasonable Doubt Under Sections 4, 6 of POCSO Act and Sections 363, 376 IPC.

10 Jul 2023

The appellant, Ashik Ramjan Ansari, was convicted by the Special Judge at Greater Bombay in POCSO Special Case No.203 of 2016 for offences under Secti...

High Court

High Court of Karnataka Allows Writ Petition for Passport Renewal Despite Pending Divorce Proceedings. Passport Authority Directed to Renew Passport Without Spouse's Consent as Passport Act 1967 Does Not Require Such Consent.

15 Dec 2022

The petitioner, S. Nancy Nithya, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the Regional Pas...

Supreme Court

Supreme Court Allows Unmarried Woman's Appeal for Pregnancy Termination Under Medical Termination of Pregnancy Act, 1971 - Interprets Rule 3B to Include Unmarried Women for Termination Up to Twenty-Four Weeks Based on Injury to Mental Health. The Court held that exclusion of unmarried women from Rule 3B violates Article 14 and that reproductive autonomy under Article 21 extends to all women, requiring purposive interpretation of the Act.

29 Sep 2022

The appeal arose from a judgment of the Delhi High Court dated 15 July 2022, where the appellant, an unmarried woman, sought permission to terminate h...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Minor Daughter from Maternal Relatives. Court holds that welfare of the child is paramount and father's petition is not maintainable as child is not in illegal detention.

6 Feb 2019

The petitioner, Shekhar Jagdish Prasad Tewari, filed a writ of habeas corpus before the Bombay High Court seeking production and custody of his minor ...

High Court

Bombay High Court Allows Minor Rape Victim’s Petition for Medical Termination of Pregnancy under MTP Act Due to Grave Mental Health Injury. Continuation of Pregnancy Constitutes Grave Injury to Mental Health Under Explanation 1 to Section 3 of MTP Act, 1971, and Termination Permissible When Two Medical Practitioners Opine in Good Faith and Guardian Consents.

2 Feb 2018

The matter arose from a writ petition filed by a minor rape victim through her father/guardian before the Aurangabad Bench of the Bombay High Court, s...

High Court

Bombay High Court Acquits Appellants in Kidnapping Case Due to Lack of Evidence of Taking or Enticing Minor. Prosecution Fails to Prove Essential Ingredients of Section 363 IPC as Minor Victim's Testimony Does Not Establish That She Was Taken Away by Accused.

16 Sep 2015

The appellants, Sau. Banu Ramchandra Borgaonkar and Sandip Kedar Pande, were convicted by the Additional Sessions Judge, Solapur, for offences under S...

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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