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Bombay High Court Dismisses Father's Petition Challenging Temporary Custody of 5-Year-Old Daughter to Mother. Mother is preferred custodian for female child of tender years under Section 6 of Hindu Minority and Guardianship Act, 1956, as welfare of child is paramount.

The case involves a custody dispute between a husband and wife over their 5-year-old daughter. The parties married on 07.09.2014 and had a female chil...

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Supreme Court Interprets Scope of 'Child' under POCSO Act in Appeal Concerning Mentally Challenged Victim. Mental Age of Adult with Cerebral Palsy Considered for Applicability of Special Procedures under Protection of Children from Sexual Offences Act, 2012.

The case concerned a criminal appeal by the prosecutrix, a 38-year-old woman suffering from cerebral palsy (R. Hemiparesis), through her mother. An FI...

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Bombay High Court Dismisses Husband's Appeal in Child Custody Case — Welfare of Minor Children Paramount. Mother Granted Custody of Two Minor Children Under Section 8 of Guardians and Wards Act, 1890, as Father Forcibly Took Them from Her Custody.

The appellant husband challenged the order of the District Judge-1, Omerga, which granted custody of his two minor children to the respondent wife und...

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Supreme Court Closes Suo Moto Proceedings on Child Rape Incidents, Directs States to Ensure Timely Investigation and Trial Under POCSO Act. Court Emphasizes Adherence to Statutory Timelines and Setting Up of Exclusive Courts for POCSO Cases.

The Supreme Court of India took suo moto cognizance of the alarming rise in reported child rape incidents based on news reports. The Court issued dire...

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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...

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Bombay High Court Allows Adoption Petition in Juvenile Justice Act Case Due to Mechanical Rejection by District Judge. District Judge Failed to Consider Merits and Call for Reports Under Section 41 of Juvenile Justice (Care and Protection of Children) Act, 2000.

The petitioners, Ashok Dinaji Ramteke and his wife Ujjwala, filed a writ petition challenging the order dated 17.4.2014 passed by the learned District...