Where should child custody matters be filed? Rajasthan HC’s answer pauses a father’s plea
“Section 9, Guardians and Wards Act, 1890 in no uncertain terms envisages that the petition should be filed where the minor ordinarily resides.”
Guardians and Wards Act 1890
‘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.’
Delhi High Court: Forcible removal of minor child by parent to new place doesn’t make that place an ordinary residence
“While it is correct that for purposes of invoking jurisdiction under Section 9 of the Guardians and Wards Act, 1890, it is not necessary for the child to be a permanent resident of the place and even a temporary residence shall suffice, such temporary residence should not be illegal or forceful.”
‘Welfare of child is of supreme consideration’: Chhattisgarh HC grants custody of minor daughter to father who expressed her fear of getting beaten by mother
“While fair and temperate criticism of the Court, may not be actionable, but attributing improper motives or tending to bring Judges or Courts into hatred and contempt or obstructing directly or indirectly with the functioning of Courts is serious contempt of which notice will be taken.”
‘Welfare of child is of prime consideration’: Delhi High Court rejects father’s application to move his seven-year-old child to different school
“If the intent of the appellant is to get the child admitted in Venkateshwar International School, Dwarka, the said school has a branch in Rohini and the respondent is agreeable if the appellant can ensure the admission of the minor child in the said school at Rohini.”
Maintenance of wife and children| Income Tax returns not accurate to determine real income; Family Court must determine husband’s real income: SC
Supreme Court: While deciding a case filed under Section 125 of Code of Criminal Procedure (CrPC), in which the appeal
Guardian for the Material Affairs of an Adult
by Shrinivas Deshmukh†
Court, where minor ordinarily resides, has jurisdiction under Section 9(1) of Guardians and Wards Act, 1890
Kerala High Court: The question before a 2-Judge Bench comprising of C.K. Abdul Rehim and R. Narayana Pisharadi, JJ., was to determine
Custody case under Guardians and Wards Act transferred as child not expected to travel 100 km for every hearing
Calcutta High Court: A Single Judge Bench comprising of Sahidullah Munshi, J. allowed an application under Section 24 CPC for transfer of