Delhi High Court upholds custody transfer to father on ground of sustained “parental alienation” by mother
“Where a child is repeatedly exposed to fear or hostility towards one parent, such an environment can adversely affect the child’s welfare.”
child custody
Custody of one child does not dilute husband’s duty to maintain wife and other child living with her: Delhi High Court
“At the stage of consideration of interim maintenance, this Court is neither expected nor required to embark upon a detailed inquiry or conduct a mini trial to resolve such disputes conclusively.”
Work from Home cannot give parent an upper hand regarding child custody matters: Supreme Court
The Court stated that with working parents, it is expected that they cannot always be physically with their children, however, this cannot be a ground to place the child’s custody with the parent who may be temporarily working from home.
Know Thy Judge | Supreme Court of India: Justice Satish Chandra Sharma’s remarkable career trajectory & notable judgments
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 9-11-2023.
Custody with compassion: Calcutta HC mandates Child Access and Custody Guidelines coupled with shared parenting plan
“Most often the worst sufferers of the familial disruption are the helpless children who are entrapped in the bitter feud between two warring couple without any fault of their own.”
‘Child’s welfare has upper hand over personal law’; Bombay High Court grants custody of 9-year-old minor to the mother
“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”.
SC directs wife & her family members to tender apology to husband & in-laws for cases filed
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.
Know Thy Judge | Supreme Court of India: Justice Rajesh Bindal
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 Suicide Case | SC dismisses paternal grandmother’s plea; permits wife to retain her child’s custody
Atul Subhash’ mother approached the Supreme Court seeking custody of her four-year-old grandson filing a habeas corpus petition.
State Human Rights Commission lacks jurisdiction over child custody; Specific remedies exist in other statutes: Allahabad HC
“Allahabad High Court stayed SHRC’s orders regarding the custody of the children and their production before the Commission.”
Family Law Roundup| A quick recap of the top family law cases from November 2024
Read about the significant family law matters heard and decided by the Supreme Court and High Courts in November 2024
Know Thy Judge | Justice Satish Chandra Sharma – Supreme Court of India
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.
Kerala HC sets aside Family Court order granting permanent child custody to father; Stresses importance of credible evidence for postpartum depression allegations
“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”
CWC’s orders must prioritize child’s best interests over personal moral values; Kerala High Court grants custody of infant to breastfeeding mother
“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.”
‘Best interest of the child has to be determined by considering all relevant circumstances’; Delhi High Court denies interim custody of child to father
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.
Can a writ of habeas corpus be issued in matters of child custody? Allahabad HC explains
“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.”
‘Affection of both parents a basic human right for growing child’: Kerala HC refuses to interfere with Family Court’s order granting visitation rights to father
“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.”
Removal of minor daughter from father’s custody by mother without consent; Bombay HC directs repatriation of daughter to USA with her father
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.
Habeas Corpus writ for grant of visitation rights is not maintainable where matrimonial disputes between parties pending before Family Court: Allahabad HC
“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.”
Adultery is a ground for divorce, and not a ground for refusal to grant child custody: Bombay HC
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.