Custody Battle: Supreme Court Grants Father Custody in Cross-Border Dispute (2020) LEGAL ISSUE: Determining child custody in a cross-border dispute where parents have different citizenships and the child has dual citizenship. CASE TYPE: Family Law, Guardianship Case Name: Smriti Madan Kansagra v. Perry Kansagra Judgment Date: 28 October 2020 Can a child’s custody be transferred […]
Supreme Court Transfers Divorce Case: Neetu Yadav vs. Sachin Yadav (2020) LEGAL ISSUE: Whether a divorce petition should be transferred to a court convenient for the wife, considering her dependency and the location of her children, or remain at the location where the husband resides and has filed the petition. CASE TYPE: Family Law –
Supreme Court Transfers Divorce Case: Neetu Yadav vs. Sachin Yadav (2020) Read Post »
Supreme Court Sets Aside High Court Conditions for Child Repatriation to the US in Habeas Corpus Case LEGAL ISSUE: Whether the High Court can impose conditions on the repatriation of a child to their native country in a habeas corpus petition, especially concerning health certificates related to a pandemic. CASE TYPE: Habeas Corpus, Child Custody
Supreme Court Upholds Dismissal of Adoption Claim: M. Vanaja vs. M. Sarla Devi (2020) LEGAL ISSUE: Validity of adoption under the Hindu Adoptions and Maintenance Act, 1956. CASE TYPE: Civil Law Case Name: M. Vanaja vs. M. Sarla Devi (Dead) [Judgment Date]: March 6, 2020 Date of the Judgment: March 6, 2020 Citation: (2020) INSC
Supreme Court Upholds Dismissal of Adoption Claim: M. Vanaja vs. M. Sarla Devi (2020) Read Post »
Supreme Court Enhances Visitation Rights for Mother in Child Custody Case LEGAL ISSUE: Determining adequate visitation rights for a non-custodial parent. CASE TYPE: Child Custody Case Name: Amyra Dwivedi (Minor) Through her Mother, Smt. Pooja Sharma Dwivedi vs. Abhinav Dwivedi and Another [Judgment Date]: March 6, 2020 Date of the Judgment: March 6, 2020 Citation:
Supreme Court Enhances Visitation Rights for Mother in Child Custody Case Read Post »
Supreme Court Modifies High Court Order on Consent Decree Execution in Family Dispute: Pawan Kumar Arya vs. Ravi Kumar Arya (2020) LEGAL ISSUE: Whether a part of a consent decree, specifically the allotment of properties, can be executed independently when the decree also mandates a further supplementary agreement between the parties. CASE TYPE: Civil, Family
Supreme Court Rules on Child Custody in International Disputes: Yashita Sahu vs. State of Rajasthan (2020) LEGAL ISSUE: Whether a writ of habeas corpus is maintainable for child custody when a child is with a natural guardian, and the extent to which Indian courts should consider foreign court orders in child custody matters. CASE TYPE:
Supreme Court Upholds Father’s Custody in Child Welfare Case Date of the Judgment: 16 December 2019 Citation: (2019) INSC 1004 Judges: Uday Umesh Lalit, J., Indu Malhotra, J., Krishna Murari, J. Can a child’s preference be the deciding factor in a custody battle? The Supreme Court of India recently addressed this critical question in a
Supreme Court overturns High Court order on document production in family dispute: Ashi Kumar vs. Aseem Agarwal (2019) Date of the Judgment: 16 December 2019 Citation: Ashi Kumar v. Aseem Agarwal (2019) INSC 971 Judges: A.M. Khanwilkar, J. and Dinesh Maheshwari, J. Can a High Court interfere with a Family Court’s order compelling a party
Supreme Court Upholds Child’s Boarding School Admission in Custody Dispute: Sheoli Hati vs. Somnath Das (2019) LEGAL ISSUE: Whether a child should be admitted to a boarding school amidst a custody dispute between parents. CASE TYPE: Family Law, Guardianship Case Name: Sheoli Hati vs. Somnath Das [Judgment Date]: July 11, 2019 Date of the Judgment:
Supreme Court Dissolves Marriage by Mutual Consent Under Article 142: Praveen Singh vs. Neelam Singh (2019) LEGAL ISSUE: Whether the Supreme Court can dissolve a marriage by mutual consent by exercising its powers under Article 142 of the Constitution of India, even after lower courts have declined to grant a divorce. CASE TYPE: Family Law,
Supreme Court Upholds Family Settlement, Rejects High Court’s View on Registration: Thulasidhara vs. Narayanappa (2019) LEGAL ISSUE: Whether an unregistered family settlement document requires mandatory registration to be admissible as evidence and whether a party can challenge a sale deed without filing a separate suit. CASE TYPE: Civil (Property Dispute) Case Name: Thulasidhara & Another
