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Supreme Court Partially Allows Father's Appeal in Child Visitation Rights Dispute - Emphasizes Child Welfare Over Legal Technicalities. The Court Remands Matter to High Court for Fresh Consideration with Expert Assistance to Ascertain Children's Wishes.

The case involves a custody and visitation rights dispute between Soumitra Kumar Nahar (appellant-husband) and Parul Nahar (respondent-wife). The coup...

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Gujarat High Court Hears Habeas Corpus Petition Filed by Mother Seeking Custody of Minor Son Born in Canada. The Case Involves Legal Issues Regarding Custody Jurisdiction When the Child is a Canadian Citizen and the Father Resides in India.

The present petition was filed under Article 226 of the Constitution of India seeking a writ of habeas corpus for production of the minor son and his ...

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Bombay High Court Dismisses Father's Appeal for Custody of Minor Son Under Guardians and Wards Act, 1890 — Welfare of Child Paramount Over Father's Right Under Muslim Personal Law. Custody of minor son 'Umarkhan' retained with mother as father failed to prove his fitness and child's welfare.

The appellant, Imran Khan, filed an appeal against the judgment and order dated 31st October 2015 passed by the Family Court, Nanded, in Petition No. ...

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Bombay High Court Allows Custody of Minor Victim to Parents in Immoral Trafficking Case — Designated Court's Order Rejected. Parents' Custody Application Granted Subject to Conditions; Court Holds That Natural Parents Are Best Custodians Unless Found Unfit.

The petitioners, Sunita Devi Samarjit Singh and Samarjeet Patiram Singh, are the parents of a minor girl (referred to as Victim-XYZ) who was rescued b...

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Bombay High Court Dismisses Mother's Custody Petition for Minor Daughters Rescued from Brothel Under PITA. Custody of rescued minor victims under Immoral Traffic (Prevention) Act, 1956 vests with Child Welfare Committee for rehabilitation, not with biological mother, to prevent re-exploitation.

The petitioner, Smt. Babita, mother of two minor daughters aged 15 and 16, filed a Criminal Writ Petition challenging orders of the Judicial Magistrat...

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Karnataka High Court Quashes POCSO Proceedings Against Stepfather, Citing Matrimonial Dispute Between Parents. Allegations of Sexual Offences Deemed Maliciously Filed Amidst Custody Battle, Court Holds No Prima Facie Case Under Sections 11, 12 of POCSO Act and Section 509 IPC.

The dispute involved a child born in 2008 to the second respondent and his former wife. Following the parents' divorce, a settlement agreement granted...

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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Return of Minor Child to USA. Court holds that welfare of child is paramount and mere illegal removal from foreign jurisdiction does not automatically warrant return without considering child's best interests.

The petitioner, Abhinav Gyan Prasad, a US citizen residing in the USA, filed a habeas corpus petition in the Bombay High Court seeking the production ...

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Bombay High Court Allows Revision in Guardianship Custody Case — Family Courts Act Overrides Guardian and Wards Act for Custody Matters. Application under Section 25 of Guardian and Wards Act, 1890 held not maintainable in view of Section 7(1)(g) of Family Courts Act, 1984.

The case involves a civil revision application filed by Vimalashram Gharkul of Amprapali Utkarsha Sangh, a registered public trust, through its Secret...