Bringing you the Best Analytical Legal News
“In child custody matters, the remedy ordinarily lies under the statutory law, or the personal law, as applicable in the facts of the case; however, in cases which justify the exercise of the extraordinary discretionary jurisdiction under Article 226, a writ of habeas corpus would be issued where it is demonstrated that the detention of minor child, is illegal or without any authority of law.”
The writ of habeas corpus is a prerogative writ and an extraordinary remedy. It is a writ of right and not a writ of course and may be granted only on reasonable grounds or probable cause being shown.
“The relationship between the father and the mother as husband and wife may not have been of trust, faith and cordiality, but their relationship inter se cannot be held to be the determining factor for working out the custody plan of the children.”
“Even if the mother is less capable financially, she becomes no less competent to ensure the welfare of the child, and the father will still be under an obligation to ensure the financial well-being of the child.”
Supreme Cour refused to interfere with the High Court’s direction granting liberty to the father to file appropriate application in terms of Section 24 of the Guardians and Wards Act, seeking custody and visitation rights before the Family Court.
A quick legal roundup to cover important stories from all High Courts in December 2022
Chhattisgarh High Court | In an appeal related to the custody of a girl child, a Division Bench comprising of
“If the prayers of the petitioners in the present petition are not considered favorably, it would create a situation where the respondent already having given up any claims towards the minor child, she would be deprived of the right to be taken care of and maintained by the petitioners, who are more than willing to take care of her needs, being the biological parents of the minor child.”
A curious case presented itself before the Karnataka HC wherein they deliberated over an agreement for adoption entered between the biological parents and adoptive parents, when the child was still unborn.
by Shrinivas Deshmukh†
Supreme Court: The bench of AM Khanwilkar and JB Pardiwala*, JJ, in a matter relating to custody of two minor children, has
Gujarat High Court: A.G. Uraizee, J., decided a matter with regard to permission to sell the undivided share of minor from the
Jammu & Kashmir High Court: Ali Mohammad Magrey, J. allowed a petition under Section 561-A of the Criminal Procedure Code. The petitioner
Calcutta High Court: A Single Judge Bench comprising of Sahidullah Munshi, J. allowed an application under Section 24 CPC for transfer of