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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 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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Bombay High Court Dismisses Habeas Corpus Petition by Father Seeking Custody of Twin from Grandmother. Writ of Habeas Corpus Not Maintainable for Child Custody Dispute Between Family Members When Child is in Lawful Custody of Grandmother.

The petitioner, Pravin Nathalal Parghi, is the biological father of 5-year-old twins. One son, Mst. Lakshya Parghi, is in the custody of the petitione...

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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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Bombay High Court Allows Habeas Corpus Petition for Return of Minor Child to Netherlands. Dutch Mother's Custody Rights Upheld; Child's Habitual Residence Determined as Netherlands.

The petitioner, a Dutch national, filed a habeas corpus petition seeking the return of her minor daughter 'N' from the respondent father and his famil...

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High Court of Karnataka Dismisses Habeas Corpus Petition by Father for Custody of Minor Child — Child in Mother's Custody Not Illegally Detained. Writ of Habeas Corpus Not Maintainable Where Custody Is with Natural Guardian and No Illegal Detention Is Shown.

The petitioner, Vayu Kishore, father of a 4-year-old minor child, Miss Vindhya Kishore, filed a writ of habeas corpus under Articles 226 and 227 of th...

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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.

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 ...

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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.

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

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Bombay High Court Sets Aside Family Court Order Disturbing Child Custody Based on Consent Without Welfare Inquiry. The court held that a custody order under Section 8 of the Guardians and Wards Act, 1890 cannot be passed solely on consent without considering the welfare of the child.

The case involves an appeal by the father (Appellant 'A') against a Family Court order dated 15 July 2014 that disturbed the custody of his two minor ...