custody

Custody of minor girl
Case BriefsHigh Courts

“The principle that the father is the natural guardian of the minor child-boy or unmarried girl, and after him, the mother is primarily derived from section 6 of the Hindu Minority and Guardianship Act, 1956, though seminal at its time. Now it smacks patriarchal bias, therefore, become obsolete in the progressive realities of 21st- century in India”

Kerala High Court
Case BriefsHigh Courts

“The way out in our minds is that the parents must find peace with each other and be involved with the child’s progress together as partners.”

Orissa High Court
Case BriefsHigh Courts

The child is always the victim in the custody battles and in the fight of egos and acrimonies between two spouses, but the childhood of such child is the worse sufferer, and such childhood is spoiled due to the alter egos’ of the spouses.

Gauhati High Court
Case BriefsHigh Courts

‘Unless an order of remand under Section 187of the BNSS is passed, the initial arrest of the arrestee beyond the period of 24 hours from the time of his arrest will become illegal.’

Bombay High Court
Case BriefsHigh Courts

At the most, the petitioner’s act of sharing the post can be termed as an indiscretion by a young student still taking education, but still the Sinhagad Academy of Engineering rusticated her.

Punjab and Haryana High Court
Case BriefsHigh Courts

“Permitting the husband to retain the custody of the minor son, despite an unequivocal foreign custody order to the contrary, would be antithetical not only to the legal rights of the petitioner but also to the rule of law, international comity, and, above all, the welfare of the child.”

High Court Weekly Roundup
High Court Round UpLegal RoundUp

A quick legal roundup to cover important stories from all High Courts this week.

Gujarat High Court
Case BriefsHigh Courts

“When the parents are in conflict, the child’s well-being should remain of paramount concern, the Court must ensure that the minor child is not treated as an object to be passed back and forth, but rather a person whose stability and security must carefully be protected.”

Bombay High Court
Case BriefsHigh Courts

Inmates face social stigma which can disrupt relationships with family and friends and the incarcerated persons often suffer long-term consequences from having been subjected to pain, deprivation, and extremely atypical patterns and norms of living and interacting with others.

High Court Weekly Roundup
High Court Round UpLegal RoundUp

A quick legal roundup to cover important stories from all High Courts this week.

Kerala High Court
Case BriefsHigh Courts

“Hearing these cases, we realize how much rigid gender roles and patriarchy have trickled down into societies and guide our thoughts and actions, even in ways we do not understand, at times. We unfortunately continue to follow and perpetuate such unconsciously, which surely warrants continuous education and close introspection.”

Madhya Pradesh High Court
Case BriefsHigh Courts

“The arrest should be rational, fair and as per law and shall not be merely based upon guilt of accused established from inadmissible evidence.”

Bail in murder case
Case BriefsSupreme Court

Supreme Court directed that the accused be released on bail, on such terms and conditions as may be imposed by the Trial Court. However, if the Trial Court or the State finds that the accused who has been granted bail is delaying the trial, they can approach this Court by way of an application to recall this order.

Anticipatory bail
Case BriefsSupreme Court

“When procedural law doesn’t preclude the investigating agency from arresting a person in relation to a different offence while he is already under custody in some previous offence, the accused too cannot be precluded of his statutory right to apply for anticipatory bail only on the ground that he is in custody in relation to a different offence.”

Rajasthan High Court
Case BriefsHigh Courts

The State did not oppose the recall of the termination order but contended that the it cannot be directed to bear the medical expenses of the delivery.

Karnataka High Court
Case BriefsHigh Courts

Perusing relevant provisions of Guardianship Act, the Court pointed out that a father is a natural guardian of a minor in the absence of any order otherwise passed by a Court of competent jurisdiction.

Andhra Pradesh High Court
Case BriefsHigh Courts

In cases of dislocation of minors from a foreign country to India, whenever children have been removed from their native country to India, the Court shall, in the best interest of the child, order for the return of the child to his native country.

Patna High Court
Case BriefsHigh Courts

The Court stayed the order dated 02-07-2024 passed by the Exclusive Magistrate, CBI, Patna, whereby CBI’s application for remand of the 13 accused was rejected.

Bombay High Court
Case BriefsHigh Courts

The Court referred to Niranjan Singh v. Prabhakar Rajaram Kharote (1980) 2 SCC 559, wherein it was explained that no lexical dexterity nor precedential profusion is needed to come to the realistic conclusion that he who is under the control of the court or is in the physical hold of an officer with coercive power is in custody for the purpose of Section 439, CrPC.

Delhi High Court
Case BriefsHigh Courts

“The Court said that even though the petitioner’s conduct in jail was ‘unsatisfactory’, he had already been punished for the offences committed in the prison and had already atoned for them.”