doctrine of parens patriae Archives

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

Elephant’s survival and right to quality life is above men’s right to use it for religious rites: Bombay HC

The Court stated that the petitioner fails to clarify how Mahadevi elephant was injured, but the likely cause is the placement of a heavy howdrah, which is used to carry people and loudspeakers during processions. This continued treatment is callous and brutal, and elephants do not deserve to be used to ferry weight humans and equipment.