Showing : 91-100 of 135 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 26-- Custody of minor child - Principles laid down in proceedings under Guardians and Wards Act, 1890 are equally applicable in a case of custody of child u/s 26 of Hindu Marriage Act since in both the situations two things are common - The first, being orders relating to custody of a growing child and..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 26-- Custody of minor child - In determining the question as to who should be given custody of a minor child, the paramount consideration is the welfare of the child and not rights of the parents under a statute for the time being in force...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 26-- Custody of minor child - Court can make interim orders from time to time, as it might deem just and proper with respect to custody, maintenance and education of minor children, consistently with their wishes, wherever possible...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Hindu Marriage Act, 1955, Section 26, Hindu Minority and Guardianship Act, 1956, Section 13, Guardians and Wards Act, 1890, Section 17-- Divorce by mutual consent - Custody of minor male child given to mother and father given visiting rights - Wife getting better job in Australia - Wife wanted to take child to Australia - Child stated in Court that he wanted to live with mother - Wife gave an undertaking to bring the child to India..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Contempt of Courts Act, 1971, Section 2(c)-- Breach of undertaking - Petition for custody of minor child - Mother (Petitioner) gave undertaking to give back the child after 4 days - On this undertaking interim custody of child given to mother for 4 days - Mother retained custody of minor child for more than five weeks - Mother guilty of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Muslim Personal Law (Shariat) Application Act, 1937, Section 2, Prohibition of Child Marriage Act, 2006, Section 12-- Muslim minor girl aged 15 years marrying a Muslim boy aged 18 years without the consent of natural guardian - Uncle of minor girl filed writ of habeas corpus to recover minor girl from the custody of husband - The girl who is now more than 15 years of age has the option under the Muslim law to..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2010
Details
Jammu and Kashmir Criminal Procedure Code, 1989, Section 488, Hindu Adoptions and Maintenance Act, 1956, Section 20-- Maintenance of minor child - Liability of father - Father is under moral and legal obligation to maintain child - Obligation of father to maintain his child does not shift to any other person including mother having custody of the child - Plea that he is jobless and pursuing higher studies not..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Hindu Minority and Guardianship Act, 1956, Section 6-- Wife and husband residing in U.K. - Wife came to India alongwith her minor child - Husband filing petition for custody of child in UK Court - Husband directed to pay all expenses of wife and child etc. i.e. Travel expenses, stay arrangement, Medical expenses etc. - Husband agreed to same...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Constitution of India, Article 226-- Minor child - Guardians and - Custody of - Habeas corpus - Custody of minor child by High Court to maternal grand parents subject to outcome of proceedings under Guardian and Wards Act - On appeal Supreme Court stayed order of High Court and, therefore, child remained in custody of paternal grand..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Constitution of India, 1950, Article 32-- Habeas corpus - Missing minor child - Husband filed petition before Supreme Court praying for production of his minor son and for handing over custody with his passport to him - He alleged that child was illegally and unlawfully detained beyond his motherland, USA, in blatant violation of orders..........

Showing : 91-100 of 135 Results