Guardians and Wards Act, 1890

Habeas Corpus for Child Custody: Supreme Court clarifies jurisdiction in Nirmala vs. Kulwant Singh (2024)

Supreme Court on Habeas Corpus for Child Custody: Nirmala vs. Kulwant Singh (2024) LEGAL ISSUE: Whether a writ of habeas corpus is maintainable in child custody matters when the child’s custody was initially given by the parent to another person. CASE TYPE: Child Custody, Constitutional Law Case Name: Nirmala vs. Kulwant Singh & Ors. [Judgment […]

Habeas Corpus for Child Custody: Supreme Court clarifies jurisdiction in Nirmala vs. Kulwant Singh (2024) Read Post »

Supreme Court settles child custody in parens patriae jurisdiction: Shazia Aman Khan vs. State of Orissa (2024)

Supreme Court Settles Child Custody in Parens Patriae Jurisdiction: Shazia Aman Khan vs. State of Orissa (2024) LEGAL ISSUE: Custody of a minor child in parens patriae jurisdiction. CASE TYPE: Family Law Case Name: Shazia Aman Khan & Another vs. The State of Orissa & Others [Judgment Date]: March 04, 2024 Introduction Date of the

Supreme Court settles child custody in parens patriae jurisdiction: Shazia Aman Khan vs. State of Orissa (2024) Read Post »

Child Custody Dispute: Supreme Court Orders Return of Children to USA

Supreme Court Orders Return of Children to USA in Custody Battle LEGAL ISSUE: International Child Custody and Habeas Corpus CASE TYPE: Family Law, Writ Jurisdiction Case Name: Rajeswari Chandrasekar Ganesh vs. The State of Tamil Nadu & Ors. Judgment Date: 14 July 2022 Date of the Judgment: 14 July 2022 Citation: [Not Available in Source]

Child Custody Dispute: Supreme Court Orders Return of Children to USA Read Post »

Supreme Court favors Paternal Grandparents in Child Custody Battle: Swaminathan Kunchu Acharya vs. State of Gujarat (2022)

Supreme Court favors Paternal Grandparents in Child Custody Battle: Swaminathan Kunchu Acharya vs. State of Gujarat (2022) LEGAL ISSUE: Determining the appropriate custodian for a minor child who has lost both parents. CASE TYPE: Child Custody/Habeas Corpus Case Name: Swaminathan Kunchu Acharya vs. State of Gujarat & Ors. [Judgment Date]: June 09, 2022 Date of

Supreme Court favors Paternal Grandparents in Child Custody Battle: Swaminathan Kunchu Acharya vs. State of Gujarat (2022) Read Post »

Supreme Court Transfers Divorce Case to Bengaluru Family Court: D. Raja Rajeswari vs. R. Sathish Kumar (2021)

Supreme Court Transfers Divorce Case to Bengaluru Family Court: D. Raja Rajeswari vs. R. Sathish Kumar (2021) LEGAL ISSUE: Whether multiple family court proceedings between the same parties should be consolidated in one court for efficiency and convenience. CASE TYPE: Family Law, Transfer Petition. Case Name: D. Raja Rajeswari vs. R. Sathish Kumar. Judgment Date:

Supreme Court Transfers Divorce Case to Bengaluru Family Court: D. Raja Rajeswari vs. R. Sathish Kumar (2021) Read Post »

Habeas Corpus Not Maintainable in Child Custody Dispute When Guardianship Petition is Pending: Supreme Court

Supreme Court Dismisses Habeas Corpus Petition in Child Custody Dispute: Jose Antonio Zalba vs. State of West Bengal (2021) LEGAL ISSUE: Maintainability of a habeas corpus petition in a child custody dispute when a guardianship petition is pending. CASE TYPE: Criminal, Family Law Case Name: Jose Antonio Zalba Diez Del Corral Alias Jose Antonio Zalba

Habeas Corpus Not Maintainable in Child Custody Dispute When Guardianship Petition is Pending: Supreme Court Read Post »

Supreme Court Sets Aside High Court Conditions for Child Repatriation to the US in Habeas Corpus Case: Sri Nilanjan Bhattacharya vs. State of Karnataka (2020) INSC 483 (23 September 2020)

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 Sets Aside High Court Conditions for Child Repatriation to the US in Habeas Corpus Case: Sri Nilanjan Bhattacharya vs. State of Karnataka (2020) INSC 483 (23 September 2020) Read Post »

Supreme Court Enhances Visitation Rights for Mother in Child Custody Case

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 »

Child Custody: Supreme Court Affirms Father’s Custody Based on Child’s Preference (2019) INSC 1004 (16 December 2019)

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

Child Custody: Supreme Court Affirms Father’s Custody Based on Child’s Preference (2019) INSC 1004 (16 December 2019) Read Post »

Custody Battle Resolved: Supreme Court Directs Return of Children to US in Jasmeet Kaur vs. State (NCT of Delhi) (12 December 2019)

Supreme Court Directs Return of Children to US in Matrimonial Dispute: Jasmeet Kaur vs. State (NCT of Delhi) (2019) LEGAL ISSUE: Jurisdiction in child custody disputes involving parents residing in different countries. CASE TYPE: Matrimonial and Guardianship Law Case Name: Jasmeet Kaur vs. State (NCT of Delhi) & Anr. Judgment Date: 12 December 2019 Date

Custody Battle Resolved: Supreme Court Directs Return of Children to US in Jasmeet Kaur vs. State (NCT of Delhi) (12 December 2019) Read Post »

Child Custody Jurisdiction: Supreme Court Orders Return of Children to US in Transnational Dispute (March 15, 2019)

Supreme Court Orders Return of Children to US in Custody Battle LEGAL ISSUE: Determining jurisdiction in international child custody disputes and the paramount consideration of the child’s best interests. CASE TYPE: Family Law, Child Custody, Habeas Corpus Case Name: Lahari Sakhamuri vs. Sobhan Kodali Judgment Date: March 15, 2019 Introduction Date of the Judgment: March

Child Custody Jurisdiction: Supreme Court Orders Return of Children to US in Transnational Dispute (March 15, 2019) Read Post »

Supreme Court prioritizes child’s welfare over comity of courts in custody battle: Nithya Anand Raghavan vs. State of NCT of Delhi (2017)

LEGAL ISSUE: Whether the principle of comity of courts should override the paramount welfare of the child in international child custody disputes. CASE TYPE: Child Custody, Habeas Corpus Case Name: Nithya Anand Raghavan vs. State of NCT of Delhi & Anr. [Judgment Date]: July 3, 2017 Introduction Date of the Judgment: July 3, 2017 Citation:

Supreme Court prioritizes child’s welfare over comity of courts in custody battle: Nithya Anand Raghavan vs. State of NCT of Delhi (2017) Read Post »

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