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..........
Child custody -- Claim by father - Child born in US - Mother planned to travel to India for a short period with the child - After reaching India she informed husband of her plans not to return to the US and to continue to reside in India together with the child - Child less than 4 years of age today - Mother of child has not shown any particular inclination to retain..........
Constitution of India, 1950, Article 226 -- Writ of Habeas corpus - Maintaina bility - Custody of child - Where child is in custody of another parent, Court can invoke its extraordinary writ jurisdiction for best interest of child...........
Child custody -- When a child is removed by one parent from one country to another, especially in violation of orders passed by a Court, Country to which child is removed must consider question of custody and decide whether Court should conduct an elaborate enquiry on question of child's custody or deal with matter summarily, ordering parent to return custody of child to..........
Constitution of India, 1950, Article 226 -- Writ of Habeas corpus - Maintainability - Custody of child - Claimed by father - Mother brought minor to India in violation of orders of jurisdictional Court in USA, her custody of child cannot be said to be strictly legal - However, High Court cannot direct mother to go to USA - Mother is an adult and no Court can force her to..........
Custody of child -- Repatriation of child to its native country - Child removed by father from custody of wife from a foreign country to India - Welfare of child is of pre-eminent and preponderant consideration - Courts in India are free to decline relief of repatriation of child brought within its jurisdiction, if it is satisfied that it had settled in its new environment..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 13, 14 -- Divorce decree of foreign Court - Couple of Indian Origin acquired citizenship of USA - Married in USA as per Hindu ceremonies - After divorce, custody of child given to husband - Wife came back to India along with child - Husband came to India and filed Habeas Corpus Writ against wife -..........
Hindu Minority and Guardianship Act, 1956, Section 13 -- Child - Custody - Given to one of the parents by a foreign Court - Child removed to another country - Court in the country to which child is removed must consider (1) whether court could conduct an elaborate enquiry on the question of custody or by dealing with the matter summarily order a parent to return custody of..........
