Search Results for "welfare paramount"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
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Search Results for "welfare paramount"

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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...

High Court

Bombay High Court Allows Hospital to Continue Treatment of Elderly Patient on Good Samaritan Basis, Quashes Senior Citizen Tribunal Order for Custody. The Court held that the Senior Citizen Tribunal lacked jurisdiction to order custody of a patient undergoing medical treatment, and the hospital's role as temporary guardian on Good Samaritan basis is valid under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

17 Nov 2025

The Bandra Holy Family Hospital Society and the Bandra Holy Family Hospital filed a writ petition challenging an order of the Senior Citizen Tribunal,...

High Court

Bombay High Court Dismisses Custody Petitions by Mothers in Dawoodi Bohra Succession Dispute — Interim Custody of Children Granted to Fathers Pending Final Determination in Guardianship Proceedings. The court held that the welfare of the children is paramount and that the children's current living arrangements with their fathers should not be disturbed pending final adjudication, while granting visitation rights to the mothers.

23 Dec 2015

The petitioners, Arwa Taha Saifuddin and Fatema Ibrahim Ezzuddin, are sisters married to Taha Mufaddal Saifuddin and Ibrahim Qaidjoher Ezzuddin, respe...

Supreme Court

Supreme Court Allows Appeal in Child Custody Case, Setting Aside High Court's Habeas Corpus Order. The Court Held that Habeas Corpus is Not Appropriate for Custody Disputes and the Welfare of the Child is Paramount Under Section 6 of the Hindu Minority and Guardianship Act, 1956, Requiring a Fresh Assessment by a Family Court.

12 Jan 2022

The appeal arose from a dispute between a wife (appellant no.1) and husband (respondent no.1) over the custody of their minor son, a US citizen born i...

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 ...

High Court

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.

8 Dec 2016

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 ...

Supreme Court

Supreme Court Allows Mother's Appeal in NRI Child Custody Dispute — Best Interest of Child Requires Full Hearing Before Return. The Court set aside the High Court's order for immediate return of children to the US, directing the Family Court to decide custody based on welfare, not merely on comity or habitual residence.

15 Mar 2019

The case involves a custody dispute between Lahari Sakhamuri (mother/appellant) and Sobhan Kodali (father/respondent) over their two minor children, b...

High Court

High Court of Karnataka Dismisses Habeas Corpus Petition for Minor Child in Custody Dispute Between Parents — Mother's Petition Fails as Child is in Father's Custody, Not Illegal Detention. The court held that habeas corpus is not the appropriate remedy for custody disputes; the welfare of the child is paramount and should be adjudicated in family court proceedings.

29 Sep 2023

The petitioner, Smt. Archana Pradhan, filed a writ of habeas corpus under Article 226 of the Constitution of India before the High Court of Karnataka ...

High Court

Bombay High Court Allows Appeal by Maternal Grandfather Against Father's Custody of Minor Children Under Guardian and Wards Act — Welfare of Children Paramount. The court held that the welfare of the minor is the paramount consideration and that the father's right is not absolute, denying custody to the father as it was not in the children's best interest.

4 Jul 2017

The case involves an appeal against an order of the District Judge, Darwha, directing the maternal grandfather (appellant no.1) to hand over custody o...

High Court

Bombay High Court Allows Father's Petition in Child Custody Case, Sets Aside Interim Custody Order. Court holds that welfare of the minor child is paramount and that the father's right to custody cannot be denied solely on ground of mother being natural guardian under Section 6 of Hindu Minority and Guardianship Act, 1956.

2 Aug 2014

The petitioner, Arun Sharma, filed a writ petition challenging an order dated 31.01.2014 passed by the learned Civil Judge Senior Division, Margao, in...

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