Search Results for "Parental Custody"

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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.

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

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Bombay High Court Allows Appeal Against Family Court Order Returning Guardianship Petition for Lack of Jurisdiction. Family Court at Nagpur Has Jurisdiction Under Section 9(1) of Guardians and Wards Act, 1890 as Minor Ordinarily Resided in Nagpur.

The appellant, Shri Prakash Balkrishna Naidu, filed a petition under Sections 7, 12 and 25 of the Guardians and Wards Act, 1890 before the Family Cour...

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Bombay High Court Upholds Divorce Decree on Grounds of Cruelty Under Hindu Marriage Act — Wife's Threatening and Quarrelsome Behavior Constitutes Mental Cruelty. Custody of Minor Child Retained with Wife with Visitation Rights to Husband.

The appellant-wife challenged the Family Court's judgment dated 20.12.2011 granting divorce to the respondent-husband under Section 13(1)(ia) of the H...

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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. ...

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Supreme Court Expunges Findings of Cruelty and Desertion Against Wife in Army Officer's Divorce Case. Pursuit of Professional Career and Safe Upbringing of Child Cannot Constitute Matrimonial Fault Under Hindu Marriage Act, 1955.

The Supreme Court dealt with an appeal arising from a divorce decree granted by the Family Court and affirmed by the High Court, which dissolved the m...

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Madras High Court Allows Wife's Appeal for Restitution of Conjugal Rights, Setting Aside Family Court's Dismissal. Husband's Counter-Petition for Divorce on Ground of Cruelty Dismissed as Unsubstantiated.

The case involves a matrimonial dispute between Poongothai @ Kavery (wife/appellant) and Balaji (husband/respondent). The marriage was solemnized on 1...

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Bombay High Court Upholds Restitution of Conjugal Rights Decree for Husband in Mohomedan Law Case — Wife’s Cruelty Defence Rejected as Unsubstantiated. Wife Failed to Prove Cruelty Under Section 281(2) of Mohomedan Law to Defeat Husband’s Suit for Restitution of Conjugal Rights.

The dispute arose from a Muslim marriage solemnized on 03.05.2014. The husband filed a petition under Section 281(1) of Mohomedan Law for restitution ...