Search Results for "Guardianship Petition"

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Gujarat High Court Upholds Acquittal in Kidnapping and Rape Case Due to Inconsistent Evidence and Consent. Allegations under Sections 363, 366, 376 IPC and Atrocity Act fail as victim's testimony is unreliable and medical evidence does not support prosecution case.

The State of Gujarat filed an acquittal appeal under Section 378 of the Criminal Procedure Code, 1973, challenging the judgment and order dated 10.01....

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Gujarat High Court Dismisses State Appeal Against Acquittal in Kidnapping and Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Victim's Testimony Contradicted by Medical Evidence and Delay in FIR Led to Benefit of Doubt for Accused Under Sections 363, 366, 376 IPC and SC/ST Act.

The State of Gujarat filed an acquittal appeal under Section 378 of the Criminal Procedure Code, 1973, challenging the judgment and order dated 10.01....

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Bombay High Court Directs Medical Examination of Dementia Patient in Guardianship Petition Under Parens Patriae Jurisdiction. Son and Daughter Seek Guardian Appointment for Mother; Article 226 Petition Invoked to Protect Vulnerable Person.

This matter involved a petition filed under Article 226 of the Constitution of India invoking the doctrine of parens patriae by petitioners, who are t...

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High Court of Karnataka Quashes FIR in Kidnapping Case Where Minor Child Voluntarily Accompanied Father — Custody Dispute Between Parents Does Not Attract Section 363 IPC. Father's Petition Under Section 482 CrPC Allowed as No Force or Deceit Established and Matter Pertains to Custody, Not Kidnapping.

The petitioner, Kushagra Sinha, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No.53/2023 r...

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Bombay High Court Appoints Daughter as Legal Guardian of Mother Suffering from Alzheimer's Disease in Absence of Statutory Provision. Court Exercises Inherent and Parens Patriae Jurisdiction to Protect Rights of Mentally Ill Adult Under Article 21 of Constitution.

The petitioner, Anushka Rajiv Mohite, filed a writ petition before the Bombay High Court seeking to be appointed as the legal guardian of her mother, ...

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Bombay High Court Dismisses Father's Petition Challenging Temporary Custody of 5-Year-Old Daughter to Mother. Mother is preferred custodian for female child of tender years under Section 6 of Hindu Minority and Guardianship Act, 1956, as welfare of child is paramount.

The case involves a custody dispute between a husband and wife over their 5-year-old daughter. The parties married on 07.09.2014 and had a female chil...

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Bombay High Court Allows Father's Custody Petition for Minor Son in Habeas Corpus Proceedings. Father, acquitted of murder charges, held entitled to custody of his child as natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956, despite allegations of misconduct.

The petitioner, Amol Ramesh Pawar, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking custody of his minor son Teja...

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Bombay High Court Allows Widows' Petition for Succession Certificate Under Section 372 of Indian Succession Act, 1925 — Held That Widows and Minor Children of Deceased Coparceners Are Entitled to Equal Share in Joint Family Property Despite Objections by Male Coparceners.

The petitioners, being the widows and minor children of deceased coparceners (Abhay Vithal Mandle, Raosaheb Vithal Mandle, and Baban Vithal Mandle), f...