Search Results for "Guardianship"

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Gujarat High Court Allows Father's Appeal for Interim Custody and Visitation Rights of Minor Son in Guardianship Dispute. Court holds that welfare of child is paramount and both parents have equal rights, granting father access to child during pendency of guardianship proceedings.

The present appeal was filed by the father, Jenishbhai Jaikishanbhai Rathod, under Section 19 of the Family Courts Act, 1984, being aggrieved by the o...

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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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Bombay High Court Hears Appeal Against Conviction Under POCSO Act and IPC for Aggravated Penetrative Sexual Assault and Kidnapping. Trial Court Had Imposed 20 Years Rigorous Imprisonment for Offences Against a Minor.

The appellant, original accused no.1, was convicted in Special (POCSO) Case No.94/2017 by the Extra Joint District Judge and Additional Sessions Judge...

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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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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.

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...

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Bombay High Court Sets Aside Order Rejecting Guardianship Application Under Mental Health Act for Non-Compliance with Procedure. Court Remands for Fresh Consideration After Following Sections 50 and 51 of Mental Health Act, 1987.

The appellant, Parag s/o Vasantrao Khati, filed an appeal under Section 76 of the Mental Health Act, 1987 against an order dated 03/05/2014 passed by ...

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High Court of Bombay at Aurangabad Upholds Conviction of Appellant for Rape and Kidnapping of Minor - Seven-Year Sentence Affirmed. Consistent Testimony of Prosecutrix and Medical Evidence Sufficient to Sustain Conviction Under Sections 363 and 376 IPC.

The appellant, Balaji Maruti Kamble, was convicted by the Additional Sessions Judge, Latur, for offences under Sections 363 and 376 of the Indian Pena...