Search Results for "Guardianship Petition"

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Search Results for "Guardianship Petition"

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High Court

Bombay High Court Allows Adoption Petition, Quashes Child Welfare Committee Orders in Private Adoption Case Under Hindu Adoptions and Maintenance Act, 1956. Court holds that private adoption between consenting Hindu families is valid even without registration, and Child Welfare Committee has no jurisdiction over such adoptions.

29 Jun 2026

The petitioners, a married couple, filed a criminal writ petition seeking to quash orders dated 27.5.2026 and 5.6.2025 passed by the Child Welfare Com...

High Court

Madras High Court Allows Writ Petition of Adopted Daughter Against Cooperative Bank for Release of Pledged Jewels — Adoption Deed Raises Presumption of Validity Under Section 16 of Hindu Adoption and Maintenance Act, 1956, and Adopted Daughter is Class I Heir Entitled to Repay Loan and Redeem Pledge.

6 Jan 2026

The petitioner, P.G. Monika, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the first and s...

Supreme Court

Supreme Court Allows Custody to Natural Guardian Father in Habeas Corpus Petition — Father's Right to Custody of Minor Child Cannot Be Denied by Relatives Without Legal Authority. Father, as natural guardian under Section 6 of Hindu Minority and Guardianship Act, 1956, entitled to custody of minor daughter from sisters-in-law who had no legal right to retain her.

20 Aug 2024

The appellant, Gautam Kumar Das, married Subrata Das in 2012, and they had two children: a son born in 2013 and a daughter, Sugandha Das, born on 20th...

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...

Supreme Court

Supreme Court Allows Father's Appeal in Child Custody Dispute, Restores Family Court's Order Granting Permanent Custody. The Court held that the High Court erred in substituting a shared custody arrangement without adequate consideration of the children's welfare under the Guardian and Wards Act, 1890.

8 May 2024

The case involves a custody dispute between a Colonel in the Indian Armed Forces (appellant) and his wife, a teacher (respondent), over their two mino...

High Court

Bombay High Court Declares Wife as Legal Guardian of Comatose Husband in Writ Petition under Article 226 — Directions Issued to Banks and Authorities to Allow Operation of Affairs. The Court exercised parens patriae jurisdiction to fill the statutory void in adult guardianship, relying on medical evidence of persistent vegetative state.

7 Feb 2024

The petitioner, Janaki Suresh, filed a writ petition under Article 226 of the Constitution of India seeking a declaration that she be appointed as the...

High Court

High Court of Karnataka Dismisses Habeas Corpus Petition for Minor Child in Custody Dispute Between Parents — Mother's Petition Fails as Child is in Father's Custody, Not Illegal Detention. The court held that habeas corpus is not the appropriate remedy for custody disputes; the welfare of the child is paramount and should be adjudicated in family court proceedings.

29 Sep 2023

The petitioner, Smt. Archana Pradhan, filed a writ of habeas corpus under Article 226 of the Constitution of India before the High Court of Karnataka ...

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

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 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.

19 Dec 2017

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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