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High Court of Bombay Considers Relative Adoption under Juvenile Justice Act Despite Lower Court Rejection. Prospective Adoptive Parents and Biological Parents Seek to Invoke JJ Act for Adoption of Minor Girl Not Orphaned or Surrendered.

The case concerned a civil revision application before the High Court of Bombay, Nagpur Bench, filed by prospective adoptive parents and biological pa...

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Karnataka High Court Quashes POCSO Proceedings Against Stepfather, Citing Matrimonial Dispute Between Parents. Allegations of Sexual Offences Deemed Maliciously Filed Amidst Custody Battle, Court Holds No Prima Facie Case Under Sections 11, 12 of POCSO Act and Section 509 IPC.

The dispute involved a child born in 2008 to the second respondent and his former wife. Following the parents' divorce, a settlement agreement granted...

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Supreme Court Allows Father's Appeal in Child Custody Dispute, Restores Family Court's Order Granting Permanent Custody. The Court held that the High Court erred in substituting a shared custody arrangement without adequate consideration of the children's welfare under the Guardian and Wards Act, 1890.

The case involves a custody dispute between a Colonel in the Indian Armed Forces (appellant) and his wife, a teacher (respondent), over their two mino...

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Gujarat High Court Hears Habeas Corpus Petition Filed by Mother Seeking Custody of Minor Son Born in Canada. The Case Involves Legal Issues Regarding Custody Jurisdiction When the Child is a Canadian Citizen and the Father Resides in India.

The present petition was filed under Article 226 of the Constitution of India seeking a writ of habeas corpus for production of the minor son and his ...

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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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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...