Search Results for "biological children"

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High Court Acquits Accused in POCSO and IPC Rape Case Due to Unproven Minority Status and Negative DNA Evidence - Benefit of Doubt Granted

The appellant was convicted by the Trial Court for offences under IPC and POCSO Act for allegedly having forcible sexual intercourse with a minor vict...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Twin from Grandmother. Writ of Habeas Corpus Not Maintainable for Child Custody Dispute Between Family Members When Child is in Lawful Custody of Grandmother.

The petitioner, Pravin Nathalal Parghi, is the biological father of 5-year-old twins. One son, Mst. Lakshya Parghi, is in the custody of the petitione...

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High Court of Karnataka Allows Appeal in Guardians and Wards Act Case — Custody of Minor Child Granted to Grandparents Based on Welfare Principle. Section 25 of the Guardians and Wards Act, 1890 — Court held that welfare of the minor is paramount and biological father's right is not absolute.

The case involves a dispute over the custody of a minor child under Section 25 of the Guardians and Wards Act, 1890. The appellants, the grandparents ...

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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.

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...

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Bombay High Court Allows DNA Test in Maintenance Case to Determine Paternity — Revisional Court Erred in Quashing Magistrate's Order Without Considering Prima Facie Evidence of Marriage and Cohabitation.

The petitioner, Madanaiah Durgam Chinna Kande, challenged the order of the Additional Sessions Judge, Chandrapur, dated 16th November 2021, which quas...

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Supreme Court Upholds Death Penalty for Three Accused in Kidnap, Gang Rape, and Murder Case — Circumstantial Evidence and DNA Linkage Establish Guilt Beyond Reasonable Doubt.

The Supreme Court dismissed appeals by three convicts challenging the common judgment of the Delhi High Court which affirmed their conviction and deat...

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Bombay High Court Allows Unwed Mother's Petition for Birth Certificate Without Father's Name. Right to Privacy Under Article 21 Protects Unwed Mother's Decision to Not Disclose Father's Name in Birth Certificate Under Registration of Births and Deaths Act, 1969.

The petitioner, an unmarried woman, delivered a female child on 7 November 2014. She filed a writ petition under Article 226 of the Constitution of In...

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Bombay High Court Allows Petition for Passport in Adoptive Name Based on Valid Adoption Deed and Consistent Usage. Adoption Deed and Consistent Usage Sufficient for Passport Issuance Under Passports Act, 1967.

The petitioner, Mihir Ramesh Vora, originally named Mihir Suryakant Nisar, was born on 28.11.1991 to Suryakant Nisar and Jigna Suryakant Nisar. On 28....