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”

Punjab and Haryana High Court
Case BriefsHigh Courts

The Court noted that the mother, who ordinarily resides in Australia, merely responded to the distress call of her child who was left with the house help by his father while he was on a business trip.

Bombay High Court
Case BriefsHigh Courts

The right to travel is required to be not only recognized but made more meaningful, which can be achieved and supported by authorities implementing the provisions of the Passport Act, 1967 by effectively recognizing contemporary needs in dealing with passport applications.

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.

delhi high court
Case BriefsHigh Courts

In the matters of Guardianship and Custody, the dilemma is that the logic may say that the child must be in the custody of his father, but the circumstances and the intelligent preference of the child point out that it is not in the interest and welfare of the child to uproot him from the family where he has been happily entrenched since the age of 1½ years.

andhra pradesh high court
Case BriefsHigh Courts

The Andhra Pradesh High Court referred to Section 361 IPC and stated that taking of a minor out of the keeping of the lawful guardian does not make the father criminally liable for kidnapping since the parties were governed by the Mohammadian Law.

Case BriefsHigh Courts

The Court held that application filed by minor under Section 12 of Domestic Violence Act cannot be dismissed on the grounds of maintainability especially when she had attained majority before the date of final order.

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Case BriefsSupreme Court

“When a child takes on to be a kosher member of the adoptive family it is only logical that he takes the surname of the adoptive family and it is thus befuddling to see judicial intervention in such a matter.”

Bombay High Court
Case BriefsHigh Courts

Bombay High Court: The Division Bench of V.M. Deshpande and Amit Borkar, JJ., expressed that a transaction by a natural guardian of

Op EdsOP. ED.

by Palak Maheshwari† and Aniket Pandey††

Case BriefsHigh Courts

Allahabad High Court: The Division Bench of Manoj Misra and Virendra Kumar Srivastava, JJ. clarified that no protection shall be given and

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by Tejaswi Pandit †

Assisted by Manovi Mittra†

Case BriefsHigh Courts

Jammu & Kashmir High Court: Ali Mohammad Magrey, J. allowed a petition under Section 561-A of the Criminal Procedure Code. The petitioner

Case BriefsHigh Courts

Uttaranchal High Court: A Single Judge Bench comprising of Sudhanshu Dhulia, J. dismissed a writ of habeas corpus filed by the petitioner-mother

Case BriefsHigh Courts

High Court of Kerala: The Division Bench comprising of V. Chitambaresh and Sathish Ninnan, JJ., recently dealt with a writ petition filed