Custody of Child -- Claimed by mother - Writ of Habeas Corpus - Maintainability - Child is a US citizen - However, mother is an Indian citizen and she does have legal right guaranteed u/art 226 of Constitution and to pray issuance of a writ in the nature of Habeas Corpus - Court will not throw away the petitioner on ground of jurisdiction or on ground of alternative..........
Guardians and Wards Act, 1890, Section 25 -- Custody of two minor children - Claimed by father - Mother of children passed away and they were residing with their maternal grandparents - Children have shown their affinity towards their maternal grandparents and maternal uncle, rather than their father - They expressed that they would not like to live with their father -..........
Guardians and Wards Act, 1890, Section 25, Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - While considering custody of child, Court acts in parens patriae jurisdiction and is to be governed solely by consideration of welfare of child...........
Guardians and Wards Act, 1890, Section 25, Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of children - Factor of mother being not financially independent, cannot be criteria for determining issue of custody of children...........
Guardians and Wards Act, 1890, Section 25, Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of children - Claimed by mother - Girl child is around 11-1/2 years old while boy is aged about 8 years - They both are school going and confident and groomed well - Children do not prefer one of parent over other - Father of children is in Army and he took away..........
Guardians and Wards Act, 1890, Section 7 -- Custody of child - Claimed by mother - Death of husband - Child was taken away by father-in-law - Mere fact that mother of child re-married, she would not be legally disentitled to custody of child - Custody of child given to mother...........
Guardians and Wards Act, 1890, Section 25 -- Custody of child - Second application u/s 25 of the Act - Maintainability - Decree of divorce by mutual consent passed between parties and daughter would remain in custody of father as agreed between parties - Matter regarding custody of child and visiting rights thus, already decided - Mother got remarried and after said second..........
Guardians and Wards Act, 1890, Section 7, 25 -- Custody of minor boy - Claimed by maternal grandparents of child - Mother of child committed suicide - Child is in the custody of father - Father is natural guardian of child and there is no material on record which suggest any ill-treatment being meted out to child, while being in custody of his father or paternal..........
Guardians and Wards Act, 1890, Section 7, 8, 9, 10, 11 -- Custody of child - Welfare of child is paramount consideration - However, while deciding welfare of child, it is not view of one spouse alone which has to be taken into consideration - If welfare of child so demands, then technical objections cannot come in the way...........
Guardians and Wards Act, 1890, Section 7, 8, 9, 10, 11 -- Custody of children - Interim arrangements made by Supreme Court while granting custody of children to mother with visitation rights to father taking into account interest of minor children as a paramount consideration being sufferers of matrimonial discord - Same cannot be found fault with - Said arrangements shall..........
