Guardians and Wards Act, 1890, Section 6, 17(2) -- Custody of child - Muslim personal law - It is obligatory to consider personal law applicable to minor in matter of guardianship and custody...........
Guardians and Wards Act, 1890, Section 6, 17 -- Custody of child - Mother defying interim orders for handing over temporary custody to respondent under one pretext or other - But that will not disentitle mother to retain custody of child...........
Guardians and Wards Act, 1890, Section 6, 17 -- Custody of child - Child flatly refused to go with father - Mother supporting child through business - Neither there is any female member in family of father nor father provided any evidence of being financially stable to take better care of son - Custody awarded to mother with visitation rights to father...........
Custody of child -- Claimed by father - Writ of habeas corpus - Child is citizen of USA by birth - However, child is living with her mother in India - Father of child obtained order of USA Court directing mother to produce child before it - However, father has alternative remedy as per different provision of CPC including S.44-A and Ss.13, 14 CPC and if required and law..........
Custody of child -- Writ of habeas corpus - Wherever it is a disputed question of fact which needs elaborate leading and consideration of evidence and other provisions, it would be a proper course for a parent to exercise his right by approaching appropriate Court under Guardians and Wards Act, rather than pursuing the remedy under habeas corpus petition - Writ petition..........
Guardians and Wards Act, 1890, Section 25 -- Custody of minor girl - Claimed by father - Right of father to claim custody of a minor child is not unlimited and is subject to welfare of minor child...........
Guardians and Wards Act, 1890, Section 25 -- Custody of minor girl - Claimed by father - Mother of child died and minor girl is living with her maternal grandparents before death of mother - Minor child expressed unwillingness to reside with her father and she is comfortable with her grandparents where she excelled in her studies and progressed well - Grandparents of child..........
Guardians and Wards Act, 1890, Section 25, 7 -- Custody of child - Claimed by mother - Child is aged about 3.5 years and in custody of father for the last more than one year - Parties had agreed in petition filed u/s 13-B of Hindu Marriage Act that custody of minor son would remain with father and mother of child would not claim custody or meeting rights even in future -..........
Guardians and Wards Act, 1890, Section 7, 25 -- Custody of child - Claimed by mother - Mere fact that maid servant is taking care of child in mother's house, it cannot be a ground to deny custody of child to mother...........
Guardians and Wards Act, 1890, Section 7, 25 -- Custody of child - Claimed by mother - Child is with her mother for last about 8 months - Nothing on record to indicate that child's custody with mother is not in his interest - Moreover, temporary custody of child is given to mother - Custody of child rightly granted to mother...........
