Family Courts Act, 1984, Section 7(1) -- Explanation (g), Guardian and Wards Act, 1890, S.9 - Custody of children and permission to take them abroad - High Court exercising supervisory power u/art 227 of Constitution cannot bye pass Family Court to decide on the question of guardianship of person or custody of or access to any minor...........
Family Courts Act, 1984, Section 7(1) -- Explanation (g), Guardian and Wards Act, 1890, S.9 - Custody of children and permission to take them abroad - Petition by mother - It is for Family Court to take a decision regarding guardianship and permanent custody of younger three children - Prayer of mother to take children to Australia has to be enquired into and adjudicated..........
Guardians and Wards Act, 1890, Section 9, 7, 25, Civil Procedure Code, 1908, Order 7, Rule 11 -- Custody of child - Territorial jurisdiction - Child was removed by father from custody of her mother prior to filing of present application - Place of residence of child has to be construed as place where mother is residing before presentation of application - Since child is..........
Guardians and Wards Act, 1890, Section 9 -- Custody of child - Jurisdiction of Court - When parents separate and there is agreement for custody of child with one of the parents and custody is taken over accordingly, then residence of that parent has to be treated as the ordinary place of residence of the child, however short that period may be, even if the child was with..........
Guardians and Wards Act, 1890, Section 9 -- Custody of child - Jurisdiction of Court - When parents are living separately due to strained relationship, the ordinary place of residence of the child has to be ascertained as to with whom the child was residing on a permanent basis or for a considerably long period of time immediately prior to the filing of application...........
Guardians and Wards Act, 1890, Section 9 -- Custody of child - Jurisdiction of Court - Mere factual residence at a place at the time of proceeding is not sufficient to confer jurisdiction...........
Custody of child -- Claimed by mother - Writ of habeas corpus - Minor son is 14 years old and he stated that he is living happily with his grandfather since very beginning - He stated that he does not want to go with his mother who is residing abroad - Moreover, mother has another son aged 12 years with her in UK - Minor is getting proper education - Custody of child with..........
Guardians and Wards Act, 1890, Section 7, 8, 10, 11, 17(3) -- Custody of child - Grant of custody to father - Challenge - 11 year old child is living with his father in Kenya, who fraudulently obtained decree of custody - As per Counsellor child never complained any mis-treatment by mother - Since, custody of child with his father is void-ab-initio - Therefore, Indian..........
Protection of Women From Domestic Violence Act, 2005, Section 21, 23 -- Interim custody of children - S.21 of the Act has overriding effect on any other law - There is thus, no merit in contention of husband that temporary custody of children could be dealt with only in proceeding under Divorce Act or Guardians and Wards Act - Contention rejected...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 346 -- Quashing of FIR - Kidnapping - Runaway marriage - Victim though minor performed marriage with accused with her own free will - Accused being husband is in relationship with victim and in terms of Ss.19, 21 of Guardian and Wards Act r/w Ss.6, 10, 13 of Hindu Minority and..........
