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High Court

Bombay High Court Holds Guardianship Petition Under Guardians and Wards Act Maintainable Despite Family Courts Act — Jurisdiction Not Ousted for Guardianship of Person Only. The court clarified that the Family Courts Act does not divest the High Court of its jurisdiction under the Guardians and Wards Act, 1890 for guardianship of the person of a minor.

22 Dec 2005

The petitioner, Girish J. Bobade, filed a guardianship petition under Section 11 of the Guardians and Wards Act, 1890 before the Bombay High Court see...

High Court

Bombay High Court Allows Appeal by Paternal Grandmother in Guardianship Dispute Over Minor Child — Welfare of Child Paramount. Custody granted to paternal grandmother as maternal grandmother failed to prove her as a fit guardian under Guardians and Wards Act, 1890.

15 Nov 2017

The case involves a dispute between the paternal grandmother (appellant) and the maternal grandmother (respondent) over the guardianship of a minor gi...

Supreme Court

Supreme Court Rules on Custody of US Citizen with Intellectual Disability: Repatriation to US Deemed in Best Interest. Court Emphasizes Best Interests of Child Over Parental Disputes, Upholds Guardianship Order

3 Mar 2025

Best Interests of the Child: The Court emphasized that the welfare and best interests of the child are paramount in custody disputes, especially when...

High Court

Bombay High Court Upholds Maternal Grandfather's Guardianship Over Minor Child in Guardians and Wards Act Case — Welfare of Child Paramount. Father's Incarceration for Murder of Mother and Child's Continuity of Care with Maternal Grandparents Justified Appointment.

8 Jul 2013

The case involves two appeals arising from a judgment of a Learned Single Judge of the Bombay High Court on petitions for guardianship filed under the...

High Court

Bombay High Court Allows Appeal in Guardianship Case — Child's Welfare Paramount. Consent of Biological Parents and Child's Best Interests Justify Granting Guardianship to Prospective Adoptive Parents Under Guardians and Wards Act, 1890.

24 Feb 2005

The case involves an appeal against an order of a learned single Judge dated 30th November 2004 dismissing the appellants' petition for guardianship. ...

Supreme Court

"Supreme Court Upholds Custody of Minor Child with Aunt and Family Based on Child's Welfare" "Stability and child's well-being outweigh biological claims in custody battle."

4 Mar 2024

The Supreme Court of India, ruled that the custody of a 14-year-old girl, Sumaiya Khanam (also known as Dania Aman Khan), would remain with her aunt,...

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...

Supreme Court

Supreme Court Allows Father's Appeal in Child Custody Dispute, Upholds Use of Mediator and Counsellor Reports. Reports of Child Counsellor and Mediator Regarding Child's Behavior and Attitude Are Not Confidential Under Mediation Confidentiality Rules.

15 Feb 2019

The appellant, Perry Kansagra, a Kenyan and British citizen, and the respondent, Smriti Madan Kansagra, an Indian citizen, married on 29 July 2007 in ...

High Court

Gujarat High Court Dismisses Habeas Corpus Petition by Mother Seeking Custody of Minor Daughter from Father. Custody Dispute Between Parents Must Be Adjudicated Under Guardians and Wards Act, 1890, Not Through Habeas Corpus, as Father's Custody as Natural Guardian Is Not Per Se Illegal.

11 Feb 2026

The petitioner, Kinjal, filed a habeas corpus petition seeking production of her four-year-old daughter Trishika, alleging that the child was in the u...

Supreme Court

Supreme Court Modifies Custody and Visitation Order in Guardianship Dispute — Directs Continuation of Minor Child in Boarding School with Enhanced Visitation Rights for Mother. The Court upheld the High Court's direction for the child's admission in Good Shepherd International School, Ooty, but modified the visitation schedule to allow the mother custody during entire summer vacation and half of winter vacation, balancing the child's relationship with both parents under the Guardian and Wards Act, 1890.

1 Jul 2019

The case involves a custody and guardianship dispute between the appellant (mother) and respondent (father) over their minor daughter, Aditi, born on ...

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