Custody of Minor Archives

Habeas Corpus not substitute in custody disputes

‘Writ of Habeas Corpus not substitute for meticulous determination of custody disputes’: P&H HC refrains from imposing costs on mother

‘The extraordinary jurisdiction of a writ Court should be invoked when the foundational jurisdictional fact of child being in illegal custody is demonstrably established or such exercise of jurisdiction is warranted by welfare of the child.’

Case Briefs Supreme Court

Income, age not enough to tilt the balance in favour of maternal aunt; Grandparents win custody battle of 5-year-old who lost parents to COVID-19: SC

“One should not doubt the capacity and/or ability of the paternal grandparents to take care of their grandson.”

Case Briefs High Courts

[Custody of minor child] P&H HC | Welfare of minor is the paramount consideration to be kept in mind while appointing a guardian in regard to S. 17 of the Guardian Act r/w S. 13 of the Minority Act

Punjab and Haryana High Court: Sudhir Mittal J. sets aside the impugned order and directed the custody to the mother subject to

Case Briefs High Courts

Bom HC | Mother has an indefeasible legal right to natural guardianship vis-à-vis an illegitimate child

Bombay High Court: While deciding the instant custody matter, S.C. Gupte, J., held that as per the provisions of Section 6 of