Search Results for Tag : Child Custody
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SC: Order for Visitation Right/Temporary Child Custody Can’t Be Passed in Proceedings U/S 9 of HMA(13.12.2022)
Supreme Court has held that orders giving visitation rights or temporary child custody cannot be passed in a proceeding under Section 9 of the Hindu M.....
Tags : Supreme Court, Child Custody, Restitution of Conjugal Rights
Del. HC: Adulterous Relationship of Spouse Cannot be the Sole Ground of Denying Custody of Child(05.02.2024)
Delhi High Court has held that an adulterous relationship of either spouse cannot be the sole determining factor to deny custody of a child, unless it.....
Tags : Delhi High Court, Adulterous Relationship, Child Custody
Supreme Court: Concept of 'Parental Alienation Syndrome' Discussed in Child Custody Dispute(09.05.2024)
SC has stated that Courts ought not to prematurely and without identification of individual instances of 'alienating behaviour', label any parent as a.....
Tags : Supreme Court, Parental Alienation Syndrome, Child Custody Dispute
Ker HC: Apply Caution While Considering Bail in POCSO Case Against Parent Litigating Child's Custody(09.03.2023)
Kerala High Court while allowing bail to father accused of sexually assaulting minor son has observed that Courts must exercise caution while consider.....
Tags : Kerala High Court, POCSO, Bail, Child Custody
Bom. HC: Child Custody Orders Can be Moulded Keeping in Mind Needs of the Child(08.05.2023)
Bombay High Court while observing that child custody orders can’t be rigid and final, has held that they can be moulded keeping in mind the needs and .....
Tags : Bombay High Court, Child Custody, Altered
Pat. HC: Child Custody Matters Can be Altered With Respect to Needs of Child Under Sec. 26 of HMA(18.05.2023)
Patna High Court while observing that child custody matters can be altered keeping in mind needs of child, has stated that under Section 26 of Hindu M.....
Tags : Patna High Court, Child Custody, Hindu Marriage Act
Kar. HC: Parent Losing Child Custody Should be Given Sufficient Visitation Right(24.05.2023)
Karnataka High Court has observed that Court has to ensure that sufficient visitation rights to a parent, who is not given child's custody, should be .....
Tags : Karnataka High Court, Child Custody, Visitation Right
SC: Income, Age, Bigger Family Cannot be Sole Criteria in Child Custody Matters(10.06.2022)
Supreme Court has held that income, age, bigger family can’t be the sole criteria to decide matters related to child- custody.
Tags : Supreme Court, Child Custody
Raj HC: Court Can Intervene in Custody Matter Where Parent Agree on Child Custody to One of Them(08.06.2023)
Rajasthan High Court has held that in cases where parties have agreed to allow custody of child to remain with one of them, the custody should be allo.....
Tags : Rajasthan High Court, Child Custody, Welfare
SC: Civil Courts or Family Courts Are In Better Position to Deal With Child Custody Cases(09.09.2024)
SC has observed that Civil/Family Court dealing with child custody cases is in advantageous position. A child can be brought to play centre, where jud.....
Tags : Supreme Court, Child Custody, Family Courts
Supreme Court Stays High Court Proceedings Against Cadila Pharma CEO in Child Custody Case(16.12.2019)
Supreme Court has stayed the proceedings before the Bombay High Court against Rajiv Modi, Chairman and CEO of Cadila Pharmaceuticals, on a petition fi.....
Tags : Supreme Court, Child Custody
SC Quashes FIR Against Father For Taking Away Son From Mother's Custody(26.08.2022)
Supreme Court while quashing First Information Report which was registered against a father for secretly taking away his son from his mother's custody.....
Tags : Supreme Court, FIR, Child Custody
Tel. HC: Indian Courts Must Independently Examine Foreign Court Judgments on Child Custody(14.09.2023)
Telangana High Court has held that while dealing with custody matters of children of foreign nationality, a competent court in India is entitled and i.....
Tags : Telangana High Court, Child Custody, Foreign Court
Patna High Court: Can Grant Child Custody on Basis of Present Day Circumstances(10.04.2025)
Patna High Court while rejecting a father’s plea for custody over his minor daughter, has observed that the sense of security which the child needs, t.....
Tags : Patna High Court, Child Custody, Minor Daughter
Madras HC Rules in Favour of Original Jurisdiction of HC for Hearing Child Custody Cases(02.09.2022)
Madras High Court full bench has with a 3:2 majority ruled in favor of original jurisdiction of high court for hearing the child custody and guardians.....
Tags : Madras High Court, Original Jurisdiction, Child Custody
SC: Object of Plea for Child's Custody is to Determine in Whose Custody Best Interest of Child Lies(18.07.2022)
Supreme Court has held that in petition seeking writ of habeas corpus in matter relating to custody of child, the Court exercises an inherent jurisdic.....
Tags : Supreme Court, Child Custody, Welfare, Inherent Jurisdiction
SC: Wish of Child is Different from Best Interest of Child(01.08.2022)
Supreme Court while allowing father’s plea seeking child custody has held that the question of 'what is the wish/desire' of the child is different and.....
Tags : Supreme Court, Child Custody, Wish, Best Interest
Delhi High Court: Unproven Immoral Conduct of a Parent Cannot Influence Child Custody Decisions(18.11.2025)
Delhi High Court held that child-custody decisions cannot hinge on unproven allegations about a parent’s moral conduct, emphasizing that the welfare o.....
Tags : Immoral Conduct, Parent, Child Custody
Orissa High Court: Writ Courts Can’t Decide Child Custody Unless It’s Illegally Retained(26.02.2026)
Orissa High Court held that writ courts should not decide child custody disputes via habeas corpus petitions unless custody is illegally retained and .....
Tags : Writ Courts, Child Custody, Illegally Retained
P&H HC: Habeas Plea in Child Custody Case Not Maintainable if Child is With Natural Guardian and Safe(26.03.2026)
P&H HC held that a habeas corpus petition in a child custody dispute is not maintainable when the child is with a natural guardian and no imminent thr.....
Tags : Habeas Plea, Child Custody, Natural Guardian
CWC can't Usurp Family Court's Jurisdiction in Child Custody Matters: Karnataka HC(15.02.2019)
Karnataka High Court has observed that Child Welfare Committee (CWC) cannot usurp the jurisdiction of Family Courts in child custody matters pending b.....
Tags : Karnataka High Court, Child Custody Matters