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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.

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...

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FIRST APPEAL NO. 1272 OF 2019

The first appeal was preferred by the original opponent against the order cancelling her appointment as guardian of her husband. The appellant was app...

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High Court of Karnataka Allows Adoption Deed Registration for Rape Victim's Child. Consent of Biological Father Who Is Accused in Rape Case Not Required Under Juvenile Justice Act, 2015.

The petitioners filed a writ petition under Article 226 of the Constitution of India seeking to quash an endorsement dated 11.11.2024 issued by the Su...

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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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High Court of Karnataka Dismisses Habeas Corpus Petition by Father for Custody of Minor Daughter from Mother — Custody Dispute Between Parents Not Maintainable as Habeas Corpus When Child is in Mother's Custody and Not Illegally Detained.

The petitioner, Gaurav Raj Jain, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution of India before the High Court of Karnat...

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Supreme Court Enhances Visitation Rights of Mother in Child Custody Dispute — Emphasizes Welfare of Child as Paramount Consideration. The Court held that visitation rights must be meaningful and in a child-friendly environment, not restricted to formal settings like DLSA office.

The case involves a custody dispute over a minor child, Amyra Dwivedi, between her mother, Pooja Sharma Dwivedi (appellant), and father, Abhinav Dwive...

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Bombay High Court Dismisses Suit by Minor Children Seeking to Set Aside Family Settlement — Memorandum of Family Settlement Held Binding as a Family Arrangement Under Contract Act and Specific Relief Act

The plaintiffs, four children of Madhupati and Anuradha Singhania (Defendants 1 and 2), filed a suit seeking cancellation of a Memorandum of Family Se...