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Howsoever abysmal the differences maybe between the spouses, but in no realm can the act of the aggrieved spouse of igniting animosity and hostility in the minor child in an attempt to use the child as a weapon to get even with their spouse, could be justifiable.
“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.
“Maintenance pendente lite/permanent alimony u/s 24 or 25 of the Hindu Marriage Act, 1955 may be claimed by either wife or husband. The phrase “sufficient for her or his support” has to be interpreted to mean that applicant is able to maintain with reasonable comfort and standard of living which applicant was accustomed in matrimonial home.”
“It is not even a case where father is objecting to the issuance of the passport. On the other hand, he has chosen to abandon the child. Father of the minor has not even cared to pay any child care support money in terms of the settlement arrived as per the divorce decree.”
“The Family Court is not to act as an adjudicatory forum alone but is also to act as a facilitator to secure settlement of disputes. The Family Court ought to adopt a different approach from that adopted in ordinary civil proceedings.”
“Section 125 of the Criminal Procedure Court, 1973 makes it clear that the liability to maintain a minor child is on “any person”, and this denotes not only a male but a female gender and it cannot be said that ‘a person' can only qualify father and not the mother.”
The Delhi High Court opined that passports can be issued under different circumstances without the name of the father, depending upon the factual position in each case and no hard and fast rule can be applied.
The Delhi High Court allowed termination of pregnancy of around 25 weeks of a minor child and further directed the SHO concerned to ensure that after the medical termination and the period of rest, the minor child was admitted to a Government school, so she could continue studying further.
“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.”
Telangana High Court: While deciding a case, wherein, a writ of habeas corpus was filed seeking to direct the respondents
POCSO Special Court, at Fort, Gr. Bombay: In a case where charge sheet is filed against the accused for offences
Jammu and Kashmir and Ladakh High Court, Srinagar: Sanjay Dhar, J., addressed a matter with regard to providing maintenance to a minor
Delhi High Court: Upholding the rights of the putative father, V. Kameswar Rao, J., expressed that while determining and granting such rights,
Delhi High Court: Yashwant Varma, J., delved into the subject of the role of a Family Judge while deciding petitions which come
Supreme Court: The Division Bench of Dr Dhananjaya Y Chandrachud and MR Shah, JJ., modifies the maintenance amount being to a son.
“Human affairs can never be disposed of by a rubber stamp approach or the application, virtually of mathematical formulae.”
Delhi High Court: Anu Malhotra, J., addressed a matter wherein the husband and wife reach a settlement and the wife agrees to
Madhya Pradesh High Court, Gwalior Bench: S.A. Dharmadhikari, J., while addressing an issue with regard to the custody of a child held that
Supreme Court of the Democratic Socialist Republic of Sri Lanka: The Three-Judge Bench of Sisira J de Abrew, Vijith Malalgoda PC and