Supreme Court suspends sentence of murder convict in custody for past 14 years
The convict was charged with offence under Sections 147, 148, 302 read with Section 149 of the Penal Code, 1860.
custody
No form of mediation permissible in POCSO cases; Delhi High Court denies relief to father in POCSO case due to delay, child’s best interests
Delhi High Court issued a mandatory reminder, rather than a gentle reminder that it is essential to emphasise that in cases involving offences of serious nature, particularly those falling under the Protection of Children from Sexual Offences (POCSO) Act, no form of mediation is permissible.
Supreme Court sets aside Orissa HC judgment granting father custody of child living with aunt for 14 years; says ‘child not a chattel’
Supreme Court said that the fact that when custody of the child was handed over to the aunt , she was un-married, and is now married having two children will not be a deterrent for this Court to come to the conclusion that best interest of the child still remains with the aunt as the child is living with her ever since she was 3-4 months old.
Personal law to be applied consistently with Guardians and Wards Act; Allahabad HC dismisses habeas corpus petition in custody case
The writ of habeas corpus is a prerogative writ and an extraordinary remedy. It is a writ of right and not a writ of course and may be granted only on reasonable grounds or probable cause being shown.
‘Child suffers most casualty in custody battle, loses everything due to polarization of familial relations’; Delhi HC modifies father’s visitation rights
“Even if the mother is less capable financially, she becomes no less competent to ensure the welfare of the child, and the father will still be under an obligation to ensure the financial well-being of the child.”
‘Minor wife’s stay at Girls Care Home not detrimental’; Patna High Court denies custody to husband
“If the girl is not a major and has eloped with a person and expresses fear of life if her custody is given back to her parents, then the Court shall send her to appropriate shelter home where her interest could be best taken care of till she becomes a major.”
Supreme Court sets aside Telangana HC’s judgment directing handing over minor daughter’s custody to mother in a Habeas Corpus petition
Supreme Cour refused to interfere with the High Court’s direction granting liberty to the father to file appropriate application in terms of Section 24 of the Guardians and Wards Act, seeking custody and visitation rights before the Family Court.
‘Accused deemed to be in constructive custody of Court when released on Interim bail’: Orissa HC
“The Court noted that “while passing the impugned order the Trial Court re-examined the allegations on merit and virtually sat in appeal over the order and rendered the order passed by the High Court nugatory.”
Delhi High Court dismisses plea of PMLA accused(s) alleging illegal detention for want of judicial order granting judicial custody
The Enforcement Directorate registered an ECIR under the provisions of Prevention of Money Laundering Act, 2002 for the alleged offense of money laundering under Section 3 of PMLA, punishable under Section 4 of PMLA, based on a scheduled offence allegedly committed under the provisions of Penal Code, 1860.
[Cash-for-job Scam] Madras High Court refuses to grant bail to V. Senthil Balaji on medical grounds
Earlier in a writ petition concerning the issue of continuation of V. Senthil Balaji as a Cabinet Minister of the State consequent to his arrest, the Court left it to Chief Minister MK Stalin to decide about the continuance of Senthil Balaji (who is in judicial custody) as a Minister without Portfolio
Court has wide discretion to interpret ‘What is cruelty’, literally and contextually: Calcutta High Court upholds divorce on ground of ‘Cruelty’
With regards to custody of the child, the Calcutta High Court after considering the paramount welfare of the child, held the husband is not fit person for custody.
Acrimonious relationship between parents, no ground to deny an attempt at re-establishing bond between mother and child: Delhi High Court
“The Family Court is not to act as an adjudicatory forum alone but is also to act as a facilitator to secure settlement of disputes. The Family Court ought to adopt a different approach from that adopted in ordinary civil proceedings.”
Welfare of the child in custody matters is foremost; Delhi High Court appoints maternal grandparents as ‘guardians’ of minor
In the matters of Guardianship and Custody, the dilemma is that the logic may say that the child must be in the custody of his father, but the circumstances and the intelligent preference of the child point out that it is not in the interest and welfare of the child to uproot him from the family where he has been happily entrenched since the age of 1½ years.
Mother is entitled to Custody of Minor Children after Father’s death, unless declared incompetent or disentitled: Himachal Pradesh HC
The Court said that the right of a mother to have custody of her children is not absolute, but subject to the welfare of her children.
Delhi High Court suspends 10-year sentence of a Zimbabwean lady in a narcotics case due to lack of compliance of provisions
The Standing Orders ought to be respected by the investigating agencies and non-compliance of those Standing Orders may naturally invoke a reasonable doubt relating to the process of sampling which is the most critical procedure to be carried out to ascertain the nature of the substance and its quantity.
Delhi High Court sets aside transit remand order; Directs adjudication of application u/S 437 CrPC
Delhi High Court noted that the Duty Magistrate has the power to decide the application under Section 437 CrPC
Custody cannot be determined by weighing economic circumstances of parties; Allahabad High Court grants custody to father
The primary object of a Habeas Corpus petition, as applied to minor children, is to determine in whose custody the best interests of the child will probably be advanced.
Can a father-in-law file a habeas Corpus petition seeking custody of Daughter- in- law? Allahabad High Court answers
Allahabad High Court said that the detenue is living with her parents, thus, it cannot be said that she is in illegal detention.
Principle of comity of courts is salutary in nature and cannot override the consideration of best interest and welfare of the child: Karnataka High Court
The Karnataka High Court, while deliberating over a father’s prayer seeking repatriation of his minor son to Germany, dismissed the petition on ground of the child’s best interests and allowed the son to remain with his mother in India.
Foreign Court Judgments not conclusive, rights under special enactments can’t be denied on their basis: Madras High Court
Madras High Court held that the wife is entitled to institute and maintain matrimonial proceedings, DVC proceedings and any other proceedings under the relevant Statutes in Indian Courts having jurisdiction for appropriate reliefs.