Search Results for "Child custody"

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Search Results for "Child custody"

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Supreme Court

Supreme Court Issues Comprehensive Guidelines to Combat Child Marriage in India — Emphasizes Constitutional Rights and International Obligations. The Court held that child marriage violates fundamental rights and directed stronger enforcement of the Prohibition of Child Marriage Act, 2006, along with preventive and support measures.

18 Oct 2024

The Supreme Court of India delivered a landmark judgment in a public interest litigation filed by the Society for Enlightenment and Voluntary Action, ...

Supreme Court

Supreme Court Restores POCSO and IT Act Charges in Child Pornography Case — High Court Erred in Quashing Chargesheet Without Considering Presumption of Culpable Mental State. Possession of Child Pornographic Material, Even Without Intent to Distribute, Constitutes an Offence Under Section 15(1) of POCSO and Section 67B of IT Act.

23 Sep 2024

The Supreme Court allowed the appeals filed by Just Rights for Children Alliance and another child rights organization against the judgment of the Mad...

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...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child from Mother. Habeas Corpus Not Maintainable When Child in Lawful Custody of Mother; Proper Remedy Under Guardians and Wards Act, 1890.

6 Dec 2023

The petitioner, Richard Alexander Geary, a UK citizen, married respondent No. 2, Aishvarya Krishnan Geary, an Indian citizen, in New York on 26 Decemb...

Supreme Court

Supreme Court Allows Wife's Appeal Against DNA Test Order in Divorce Case, Upholding Marital Presumption of Paternity. The Court Held That the Presumption Under Section 112 of the Indian Evidence Act, 1872, Cannot Be Rebutted by DNA Evidence Alone Without Proof of Non-Access, Protecting the Child's Legitimacy and Privacy Rights.

20 Feb 2023

The dispute arose from a divorce petition filed by the husband under Sections 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, alleging adultery by ...

High Court

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.

27 Sep 2022

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 ...

Supreme Court

Supreme Court Allows Appeal in Child Custody Case, Setting Aside High Court's Habeas Corpus Order. The Court Held that Habeas Corpus is Not Appropriate for Custody Disputes and the Welfare of the Child is Paramount Under Section 6 of the Hindu Minority and Guardianship Act, 1956, Requiring a Fresh Assessment by a Family Court.

12 Jan 2022

The appeal arose from a dispute between a wife (appellant no.1) and husband (respondent no.1) over the custody of their minor son, a US citizen born i...

High Court

Bombay High Court Upholds Life Imprisonment for School Teacher in POCSO Case — Conviction Based on Child Victim's Testimony and Medical Evidence Found Reliable.

2 Aug 2021

The appellant, Kesarinandan Sabhapati Upadhyay, was convicted by the Special Judge, Greater Mumbai, under the Protection of Children from Sexual Offen...

High Court

Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child in International Parental Abduction Case. Court holds that habeas corpus is not maintainable when custody is with lawful guardian and child's welfare requires stability.

30 Jan 2020

The petitioner, Khaled Kamal Hussein Mohamed Kassem, an Egyptian national, filed a habeas corpus petition seeking the production and custody of his mi...

Supreme Court

Supreme Court Allows Father's Custody of Minor Child in Habeas Corpus Petition, Upholds Natural Guardian's Right. The court held that the father, as natural guardian under Section 6 of the Hindu Minority and Guardianship Act, 1956, is entitled to custody unless shown to be unfit, and the welfare of the child is best served by being with the surviving parent.

6 May 2019

The Supreme Court dismissed an appeal against the Bombay High Court's judgment ordering the custody of a minor girl child to her father, respondent No...

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