Search Results for "minor children custody"

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Search Results for "minor children custody"

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High Court

Bombay High Court Allows Habeas Corpus Petitions for Custody of Children Allegedly Adopted Through Unlawful Means — Emphasizes Child's Welfare Over Procedural Irregularities in Adoption Deeds. Court holds that writ of habeas corpus is maintainable by persons claiming custody of minor children, even if not biological parents, and that the best interest of the child is paramount, directing interim custody to petitioners pending investigation.

22 Jul 2024

The Bombay High Court dealt with three writ petitions seeking habeas corpus for custody of minor children who were taken away by the Child Welfare Com...

High Court

Bombay High Court Allows Mother's Appeal for Custody of Minor Son in Guardian and Wards Case — Best Interest of Child Paramount Under Guardian and Wards Act, 1890. Mother, being natural guardian under Section 6 of Hindu Minority and Guardianship Act, 1956, entitled to custody of minor son aged 9 years; father failed to prove mother's disqualification.

13 Apr 2023

The appellant, Sau. Reshma Sumedh Bawaskar, wife of the respondent Sumedh Sudhakar Bawaskar, filed an appeal under Section 19 of the Family Courts Act...

High Court

High Court of Karnataka Allows Husband's Petition for Joint Custody of Minor Daughter in Family Court Dispute — Emphasizes Welfare of Child as Paramount Consideration Under Guardian and Wards Act, 1890. The court set aside the Family Court's order rejecting joint custody and remanded for fresh consideration, holding that joint custody can be granted to ensure both parents have meaningful access to the child.

5 Apr 2023

The petitioner, Mr. Joseph Kevin Selvadoray, husband of the respondent Shabana Bukht, filed a writ petition under Article 227 of the Constitution of I...

High Court

Bombay High Court Upholds Maternal Grandfather's Guardianship Over Minor Child in Guardians and Wards Act Case — Welfare of Child Paramount. Father's Incarceration for Murder of Mother and Child's Continuity of Care with Maternal Grandparents Justified Appointment.

8 Jul 2013

The case involves two appeals arising from a judgment of a Learned Single Judge of the Bombay High Court on petitions for guardianship filed under the...

High Court

High Court of Karnataka Allows Mother's Petition Against Child Welfare Committee Order in Custody Dispute — Committee Lacks Jurisdiction During Pendency of Guardianship Proceedings Before Family Court. The court held that the Child Welfare Committee under the Juvenile Justice (Care and Protection of Children) Act, 2015 cannot pass custody orders when guardianship proceedings are pending before the Family Court under the Guardians and Wards Act, 1890.

7 Feb 2019

The petitioner, Mrs. Nidhi LuharuWalla, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order passed by t...

High Court

Bombay High Court Habeas Corpus Petition by Claimed Adoptive Parents Seeking Custody of Minor Child. Court Examines Whether Adoption Deed is Valid Under Hindu Adoption and Maintenance Act, 1956 and Whether Child is in Need of Care and Protection Under Juvenile Justice Act, 2015.

18 Mar 2021

The petition was filed by a married couple claiming to have adopted a girl-child from her biological mother, who had expressed unwillingness to care f...

High Court

Bombay High Court Dismisses Father's Petition Challenging Cancellation of Access to Minor Daughters. Child's Welfare Paramount Over Parental Right to Access Under Guardian and Wards Act, 1890.

27 Apr 2012

The petitioner husband, Vinod Gulshandev Chopra, challenged the order of the Family Court No.5, Mumbai dated 31st March 2011, which modified the acces...

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

High Court of Karnataka Allows Father's Petition Against Interim Custody Order in Child Custody Dispute — Egoistic Parents Cause Suffering to Minor Child. The court set aside the Family Court's order granting limited interim custody to the mother, directing expeditious disposal of the main petition under the Guardian and Wards Act, 1890.

21 Dec 2017

The case involves a child custody dispute between the father (petitioner) and mother (first respondent) over their six-year-old son, Master Ryan. The ...

High Court

Bombay High Court Appoints Maternal Grandfather as Guardian of Minor Child Whose Father is Accused of Murdering Mother. Welfare of Child Paramount Under Guardians and Wards Act, 1890 — Father's Unfitness Due to Criminal Charges and Incarceration Leads to Grandfather's Custody.

6 Dec 2012

The case involves two guardianship petitions concerning a minor girl, Angelina Miranda, aged 3 years 9 months. The maternal grandfather filed Guardian...

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