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 […]
Supreme Court Upholds Estoppel in Property Dispute: Elumalai vs. Kamala (2023) LEGAL ISSUE: Whether a release deed executed by a father relinquishing his rights in his father’s self-acquired property, for consideration, estops his sons from claiming a share in the same property after the grandfather’s death. CASE TYPE: Civil Property Dispute Case Name: Elumalai @
Supreme Court Upholds Estoppel in Property Dispute: Elumalai vs. Kamala (2023) Read Post »
Supreme Court Upholds Estoppel on Inheritance Rights Based on Father’s Release Deed: Elumalai vs. Kamala (2023) LEGAL ISSUE: Whether a release deed executed by a father relinquishing his inheritance rights, for consideration, estops his children from claiming those rights upon the grandfather’s death. CASE TYPE: Civil – Property Law, Inheritance Case Name: Elumalai @ Venkatesan
Surname of a Child: Supreme Court Upholds Mother’s Right in Guardianship Dispute (2022) Date of the Judgment: 28 July 2022 Citation: Not Available Judges: Dinesh Maheshwari, J. and Krishna Murari, J. Can a mother, after the death of her child’s biological father, decide the surname of the child, especially if she remarries? The Supreme Court
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 Rules on Child Custody in International Disputes: Vasudha Sethi vs. Kiran V. Bhaskar (2022) Date of the Judgment: 12 January 2022 Citation: 2022 INSC 40 Judges: Hon’ble Justices Abhay S. Oka and Ajay Rastogi Can a parent’s right to autonomy outweigh the child’s best interests in an international custody battle? The Supreme Court
Supreme Court Rules on Child Custody in International Disputes: Vasudha Sethi vs. Kiran V. Bhaskar (2022) LEGAL ISSUE: International child custody dispute and the principle of “best interest of the child”. CASE TYPE: Habeas Corpus, Family Law Case Name: Vasudha Sethi & Ors. vs. Kiran V. Bhaskar & Anr. [Judgment Date]: 12 January 2022 Date
Supreme Court Upholds Relinquishment Deed by Karta in Joint Hindu Family Property Dispute: M.R. Vinoda vs. M.S. Susheelamma (2021) LEGAL ISSUE: Whether a Karta (head of a Hindu family) can execute a valid relinquishment deed on behalf of his branch of the family, including the interest of minor coparceners, and the limitation period for challenging
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 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
Supreme Court grants custody to father in child custody battle: Tejaswini Gaud vs. Shekhar Jagdish Prasad Tewari (2019) LEGAL ISSUE: Whether the High Court was right in ordering that the custody of a minor child be handed over to the father in a writ of habeas corpus. CASE TYPE: Child Custody/Habeas Corpus Case Name: Tejaswini
Supreme Court on Limitation for challenging property transfer by a guardian: Murugan vs. Kesava Gounder (2019) Date of the Judgment: 25 February 2019 Citation: 2019 INSC 171 Judges: Ashok Bhushan, J., K.M. Joseph, J. Can a minor’s property sale by a guardian be challenged after a certain period? The Supreme Court of India addressed this
