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“Flouting interim orders passed by the Court will not disentitle the appellant-mother from retaining custody of the minor child. While exercising parens-patriae jurisdiction, the wish of the minor as well as attending circumstances need to be considered”.
Directing the wife to not to use her influence as IPS officer, the Court dissolved the marriage between the parties and stated that guidelines framed by Allahabad High Court vis-a-vis ‘Constitution of Family Welfare Committees’ shall be implemented by the appropriate authorities.
Prior to being elevated to the Supreme Court in 2023, Justice Rajesh Bindal was serving as the Chief Justice of Allahabad High Court.
Atul Subhash’ mother approached the Supreme Court seeking custody of her four-year-old grandson filing a habeas corpus petition.
“Allahabad High Court stayed SHRC’s orders regarding the custody of the children and their production before the Commission.”
Read about the significant family law matters heard and decided by the Supreme Court and High Courts in November 2024
Following a meticulous assessment of the qualifications, integrity, capabilities and giving due consideration to a range of factors, the President appointed Justice Satish Chandra Sharma as Judge of the Supreme Court of India on 09-11-2023.
“As per settled scientific studies and assessments, postpartum depression is rather common in some women and that this is not a situation that will continue forever, but most of the time being temporary, for a short duration”
“Judged by moral standards of the CWC members, the petitioner may not be a good person, but that does not make her a bad mother.”
The timing, duration, and whether oversight of a child counsellor is required during visitation by a non-custodial parent, is a call that the Court has to take bearing in mind, the best interest of the child.
“In child custody matters, the remedy ordinarily lies under the statutory law, or the personal law, as applicable in the facts of the case; however, in cases which justify the exercise of the extraordinary discretionary jurisdiction under Article 226, a writ of habeas corpus would be issued where it is demonstrated that the detention of minor child, is illegal or without any authority of law.”
“While considering the claim for custody of a minor child, unless very serious, proven conduct should make one of them unworthy to claim for custody of the child concerned, the question can and shall be decided solely by looking into the question as to, ‘what would be the best interest of the child concerned.”
The Court said that when confronted with a question pertaining the custody of a minor child, the Court as parens partriae, should not decide on the consideration of the legal rights of the parties, but on the sole and predominant criterion of the child’s best interest and welfare.
“The writ of habeas corpus is a prerogative writ, an extraordinary remedy, evolved under the common law and incorporated in our constitutional law, having the objective to protect and safeguard individual liberty.”
The Court, relying on several precedents, held that despite the proof of allegations regarding the wife’s extramarital affairs, custody of minor children can be granted to the wife.
Prior to being elevated to the Supreme Court in 2023, Justice Rajesh Bindal was serving as the Chief Justice of Allahabad High Court.
Supreme Court viewed that the child being aged 12 years and 9 months old, was in a position to take decisions.
Supreme Court said that the repeated visitation rights in the Court premises would also not be in the interest of the child as the environment during which the visitation rights are exercised would also matter.
A quick legal roundup to cover important stories from all High Courts this week.
The biological parents first decided to give their child in adoption due to the financial crisis during COVID-19 pandemic but decided to take their son back after discussion with their respective families.