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Supreme Court Allows Repatriation of Minor Child to USA in Habeas Corpus Case, Modifies COVID-19 Conditions. The welfare of the child is paramount, and the foreign court's order is a factor; conditions requiring health certificates were impractical and set aside.

The appellant, father of a three-and-a-half-year-old child, filed a habeas corpus petition before the High Court of Karnataka seeking repatriation of ...

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High Court of Karnataka Allows Husband's Petition to Set Aside Ex-Parte Order in Divorce Case, Dismisses Wife's Petition for Certiorari. Family Court's Order Restoring Divorce Petition to File Set Aside Due to Lack of Notice to Husband.

The judgment pertains to two writ petitions arising from a matrimonial dispute between Mr. Harmeet Singh (husband) and Mrs. Juliet Kukreja (wife). The...

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High Court of Karnataka Allows Husband's Petition to Set Aside Ex-Parte Order in Divorce Case, Dismisses Wife's Petition for Certiorari. Family Court's Order Restoring Petition to File and Directing Fresh Notice Upheld as Proper Exercise of Discretion Under Order 9 Rule 13 CPC.

The case involves two writ petitions arising from matrimonial proceedings between Mr. Harmeet Singh (husband) and Mrs. Juliet Kukreja (wife) in G and ...

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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 Acquits Accused in POCSO Case Due to Inconsistent Child Witness Testimony and Lack of Medical Evidence. Conviction Under Section 376 IPC and Sections 4, 8 of POCSO Act Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt.

The appellant, Balaji Sarjerao Kamble, was convicted by the Special Judge, Pune, for the rape of a 7-year-old girl under Section 376 of the Indian Pen...

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Bombay High Court Allows Wife's Appeal Against Dismissal of Petition and Striking Out of Defence Under Order XXXIX Rule 11 CPC. Non-Compliance with Access Orders Disputed; Video Evidence and Counsellor Report Considered.

The appellant wife filed Family Court Appeal No.20 of 2013 challenging the order dated 8th November 2012 passed by the Family Court at Mumbai. By that...

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Gujarat High Court Upholds Conviction of Accused in POCSO Case for Aggravated Penetrative Sexual Assault of Minor — Life Sentence Confirmed. Court holds that minor inconsistencies in victim's testimony do not undermine credibility when corroborated by medical evidence and prompt complaint.

The appellant-accused, Tabrez Rojuddin Ansari, was convicted by the learned Special Judge and Additional Sessions Judge, Bharuch in Special POCSO Case...

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Supreme Court Grants Custody to Father in International Child Custody Dispute -- High Court Order Set Aside -- Guardians and Wards Act, 1890 Applied with Welfare of Child as Paramount Consideration

The Supreme Court heard an appeal challenging the High Court judgment that set aside the Family Court order granting custody of two minor sons to thei...