Guardians and Wards Act, 1890, Section 25 -- Custody of children - In matters of custody, paramount consideration is welfare of children but nonetheless there are a host of other factors which weigh before Court while passing final order of custody which may include the conduct of parties, their financial capacity, their standard of living, as well as comfort and education..........
Guardians and Wards Act, 1890, Section 25 -- Custody of children - Petition by husband - Wife had travelled and moved minors to India without consent of father, who was guardian and without obtaining original passports from him but rather by procuring fake or duplicate or fresh passports while original already existed for travel purposes - However, High Court while..........
Guardians and Wards Act, 1890, Section 47(a) -- Sale of minor's property by mother - Mother is a widow and she is facing difficulties in managing property in question - Considering meagre salary drawn by her, quality of education she is trying to provide to her minor daughters and their future needs, she seeks to sell property - Mother is ready to deposit entire sale..........
Hindu Marriage Act, 1955, Section 26, Guardians and Wards Act, 1890, Section 25 -- Interim custody of minor daughter - Claimed by father - Girl child who had crossed 12 years of age would be soon attaining age of puberty and it is at this crucial stage that company of natural mother is what is required most - Custody of child is to be given to mother with visitation rights..........
Guardians and Wards Act, 1890, Section 12 -- Interim custody - Welfare of child is paramount and same would prevail over parental rights of parties...........
Guardians and Wards Act, 1890, Section 12 -- Interim custody - Claimed by father - Father of minor child is a man of considerable means and has familial support - Mother a Russian resident does not appear to have any permanent employment or means to support a lifestyle - She is acutely desirous of leaving the country - Though ordinarily a child below the age of 5 years..........
Civil Procedure Code, 1908, Section 24, Guardians and Wards Act, 1890, Section 9 -- Transfer of petition for custody of child - Jurisdiction of Court - Both the parties are residing at place `M' - No purpose would be served for both the parties to travel to place at `B' to prosecute custody petition - Custody petition and divorce petition transferred to District and..........
Custody of child -- Writ of habeas corpus - Child is in custody of father - Custody of father being natural guardian, cannot be regarded as illegal or unlawful unless shown to be contrary to a specific legal order or authority - Though availability of an alternative remedy is not an absolute bar to issuance of a writ of Habeas Corpus, however, disputes between natural..........
Guardians and Wards Act, 1890, Section 7, 25 -- Custody of child - Visitation rights to father through video conferencing - Permissibility - Child is living with his mother in Ireland and seems to be settled there - Father has limited his request as he is not asking for custody but only for chance to interact with his son regularly through video conferencing - Denying such..........
Guardians and Wards Act, 1890, Section 7 -- Custody of minor child - Claimed by father - Minor child is now 10 years of age and has been in care and custody of his mother for past six years - Father of child cannot be stranger to child, as he was also in joint custody of child for nearly four years - Neither of parties have placed any materials to credit or discredit their..........
