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Supreme Court Allows Paternal Grandfather's Appeal in Habeas Corpus Custody Dispute Over Orphaned Minor. Welfare of Child Paramount, Custody Handed to Paternal Grandparents Considering Child's Inclination and Proper Care During Interim Custody.

The case involves a custody dispute over a five-year-old orphaned boy, Pranav Acharya, whose parents died during the second wave of COVID-19 in 2021. ...

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Bombay High Court Dismisses Successive Habeas Corpus Petitions Challenging COFEPOSA Detention Orders on Grounds of Constructive Res Judicata. Fresh Grounds Must Be Raised in Earlier Petitions or Are Barred.

The judgment concerns two criminal writ petitions filed under Article 226 of the Constitution of India challenging orders of detention passed under Se...

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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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Bombay High Court Quashes FIR in Domestic Violence Case Due to Lack of Territorial Jurisdiction — Marriage Solemnized and Incident Occurred in Gujarat, Not Maharashtra. Section 27 of Protection of Women from Domestic Violence Act, 2005 Requires Proceedings in Court Where Victim Resides or Incident Occurs.

The petitioner, an Indian citizen, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure...

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Court Rules Custody Dispute: Children to be Returned to Petitioners. Judgment emphasizes adherence to legal definitions and proper adoption procedures while invalidating the Child Welfare Committee's jurisdiction over the children.

This judgment addresses petitions for habeas corpus related to the custody of minor children placed in Baal Asha Trust by the Child Welfare Committee ...

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Supreme Court Upholds Parole Order for Convict in Culpable Homicide Case Due to Arbitrary Rejection and Delay in Execution. Rejection of permanent parole on ground of not applying for regular parole held unsustainable; delay in implementing High Court order violates Article 21.

The appellant, Daulal, was convicted for offences under Sections 148, 448, 304 Part II read with 149, and 323 of the Indian Penal Code, 1860, and sent...

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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.

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...

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Bombay High Court Allows Habeas Corpus Petition for Custody of Minor Child from Maternal Grandparents. Father's Right to Custody of Eight-Year-Old Daughter Upheld as Natural Guardian Under Hindu Minority and Guardianship Act, 1956, Section 6.

The petitioner, Sunil s/o Patiram Parteti, filed a criminal writ petition under Article 226 of the Constitution of India seeking a writ of habeas corp...