temporary custody Archives

‘Pious wife’ and ‘Bahu’ remarks unwarranted and regressive, cannot replace child-welfare assessment: Bombay HC sets aside family court’s interim custody order

The Court held that the Family Court had not appreciated the jurisdictional parameters of Section 12, Guardians and Wards Act and had failed to independently assess the physical, emotional, educational or psychological welfare of the child while directing change of interim custody.

Case Briefs High Courts

‘Child’s welfare has upper hand over personal law’; Bombay High Court grants custody of 9-year-old minor to the mother

“Flouting interim orders passed by the Court will not disentitle the appellant-mother from retaining custody of the minor child. While exercising parens-patriae jurisdiction, the wish of the minor as well as attending circumstances need to be considered”.

Case Briefs Supreme Court

[Habeas Corpus in Child Custody] SC restores 3-yr-old daughter’s custody to Father after temporary custody with Aunt following mother’s death from COVID-19

“Whether the writ Court should exercise its jurisdiction under Article 226 of the Constitution of India or not will depend on the facts and circumstances of each case. However, it is to be noted that a common thread in all the judgments relating to the custody of minor children is the paramount welfare of the child.”