Custody of Minor Child Archives

‘Pious wife’ and ‘Bahu’ remarks unwarranted and regressive, cannot replace child-welfare assessment: Bombay HC sets aside family court’s interim custody order

The Court held that the Family Court had not appreciated the jurisdictional parameters of Section 12, Guardians and Wards Act and had failed to independently assess the physical, emotional, educational or psychological welfare of the child while directing change of interim custody.

Case Briefs High Courts

Maternal aunt’s emotional bond cannot override biological father’s right as natural guardian; Bombay HC grants custody to father

The Bombay High Court directed restoration of custody of a minor child to her father in habeas corpus proceedings, observing that emotional attachment with the maternal aunt could not override the father’s undisputed legal right without any evidence showing that custody with him would be detrimental to the child’s welfare.

Case Briefs High Courts

“No illegal detention by father”: Telangana HC declines mother’s Habeas Corpus plea for custody of child with 50% disability

Photographs placed before the Court disclosed that the minor child was in safe custody of his father

Cases Reported SCC Weekly

2024 SCC Vol. 9 Part 2

Civil Procedure Code, 1908 — S. 20 — Civil suit — Maintainability — Issue of territorial jurisdiction — Adjudication of, as preliminary issue

Case Briefs High Courts

J&K HC | Magistrate is empowered to issue a search warrant on ‘reason to believe’ illegal confinement constituting offence

Jammu & Kashmir High Court: Ali Mohammad Magrey, J. allowed a petition under Section 561-A of the Criminal Procedure Code. The petitioner