Showing : 11-20 of 139 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Constitution of India, 1950, Article 136-- Habeas corpus - Custody of minor girl - Court ought to focus on obtaining circumstances of minor child having been removed from the native country and taken to a place to encounter alien environment, language, custom etc. interfering with his/her overall growth and grooming and whether continuance..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Constitution of India, 1950, Article 136-- Habeas corpus - Custody of minor girl - Claimed by father - Minor child US citizen by birth - She has grown up in her native country for over 3 years before she was brought to New Delhi by her biological mother - Both father and mother of minor child were of Indian origin but domiciled in USA..........
KERALA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 7, Guardians and Wards Act, 1890, Section 7-- Custody of child - Where custody of minor child becomes subject matter of dispute between warring parents, Court is required to decide the issue keeping welfare of child in forefront - Exercise of such a discretionary power by a Court cannot be curtailed by issuing any guidelines for objective..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Guardians and Wards Act, 1890, Section 7-- Custody of minor - Claim by mother - Mother of child is a highly educated woman and in service as Shiksha Karmi Class I - Place of posting of mother is not so far from place of residence - Mother has no love affair with someone and she never neglected minor child as alleged by father - Father of..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 7-- Explanation (g) - Jurisdiction of Court - Custody of child - Family Court has jurisdiction in respect of suit or proceeding in relation to guardianship of person or custody of or access to any minor - However, said provision does not determine jurisdiction of Guardians and Wards Act...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Guardians and Wards Act, 1890, Section 7, 10-- Custody of minor - Mother of minor girl abandoned her just after 21 days of her birth - She went to Australia leaving minor in the custody of her parents i.e maternal grandparents - No application for custody of child filed by mother before Court below - Even father of minor also not came forward..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 7-- Jurisdiction of Court - Custody of child - While determining jurisdiction of Court to entertain application u/s 7 of the Act on the ground of residence, what is material is actual residence of minor at commencement of proceedings and not a legal or constructive residence of such minor unless where..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 7(g), 8-- Restoration of petition for custody of child - Petition dismissed for no, prosecution - Claim of husband irrespective of its title, in relation to guardianship of minor child or custody of child or access to minor child could have been entertained by Family Court as jurisdiction vested in said..........
KERALA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 363, 511-- Kidnapping - Removing own minor child from shoulder of wife - Does not amount to either removing minor out of custody of lawful guardian or one of kidnapping - Offence u/ss 363, 511 IPC not made out against accused - Proceedings quashed...........
DELHI HIGH COURT
Year of decision: 2018
Details
Guardians and Wards Act, 1890, Section 12, 7, 17, Hindu Minority and Guardianship Act, 1956, Section 6, 13-- Interim custody of minor daughter - Welfare of child is paramount consideration - Merely because appellant is father and natural guardian of minor or that he is financially sound, will not be a consideration for granting interim custody to appellant - Rather overriding consideration while deciding..........

Showing : 11-20 of 139 Results