Visitation Rights — Appellant-mother is appealing against an order allowing the repatriation of her minor daughter to the United States of America, where her father resides — The Supreme Court granted the father’s request for visitation rights during his visit to India from 14.06.2024 to 30.06.2024 — The visitation rights will take place at Kohinoor Continental Hotel, Mumbai, on weekends falling on 15.06.2024 and 16.06.2024; 22.06.2024 and 23.06.2024; and 29.06.2024 and 30.06.2024 — During the visitation period, the father will surrender his passport with the Registrar of the Bombay High Court and ensure that he does not harm or take the child out of Mumbai — Additionally, he will arrange accommodation for the mother at the same hotel for the entire visitation period.
SUPREME COURT OF INDIA VACATION BENCH SUPRIYA NAIR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Prashant Kumar Mishra and Prasanna Bhalachandra Varale, JJ. )…
Guardian and Wards Act, 1890 – Sections 7, 9 and 25 – Custody Dispute – The case revolves around a custody dispute over two minor children following the deterioration of the marriage between the petitioner and respondent – The High Court granted shared custody, which was challenged by the appellant – The primary issue is the guardianship and welfare of the children, considering their preferences and the capabilities of each parent – The appellant argued that the children have been residing with him for nine years and expressed a desire to continue doing so – The respondent argued that the appellant retained custody against various court orders and alleged ‘parental alienation syndrome’ – The Supreme Court allowed the appeal, setting aside the High Court’s order, and reinstated the Family Court’s decision granting custody to the appellant, subject to the respondent’s visitation rights – The court found no evidence of ‘parental alienation syndrome’ and recognized the support system provided by the Indian Armed Forces for the children’s welfare – The Supreme Court concluded that the appellant should retain custody of the children, with the respondent granted visitation rights as per the Family Court’s order.
2024 INSC 397 SUPREME COURT OF INDIA DIVISION BENCH COL. RAMNEESH PAL SINGH — Appellant Vs. SUGANDHI AGGARWAL — Respondent ( Before : Vikram Nath and Satish Chandra Sharma, JJ.…
Custody of the minor child – The case involves a custody dispute over a minor child ‘G’ after his mother went missing and was later found deceased – The child’s father and maternal grandmother are contesting custody – Whether the writ of habeas corpus is maintainable in child custody matters? – The High Court erred in entertaining the habeas corpus petition under Article 226 of the Constitution of India – The writ of habeas corpus is maintainable in child custody matters only if the detention of the child is illegal and without any authority of law – In child custody matters, the ordinary remedy lies under the Hindu Minority and Guardianship Act or the Guardians and Wards Act – The High Court should have directed the parties to approach the civil court for a detailed enquiry – The welfare of the child is paramount, and the child’s custody should be decided in accordance with law.
2024 INSC 370 SUPREME COURT OF INDIA DIVISION BENCH NIRMALA — Appellant Vs. KULWANT SINGH AND OTHERS — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal…
“Upbringing vs. Biology: Supreme Court Prioritizes Stability Over Paternal Claim in Custody Battle” The Supreme Court allowed the appeal of the aunt and set aside the order of the High Court, which had directed the custody of the child to be handed over to the father – The Supreme Court relied on the principles of child welfare, stability, and preference, and found that the child was happy, intelligent, and categorical in her wish to live with the aunt
SUPREME COURT OF INDIA DIVISION BENCH SHAZIA AMAN KHAN AND ANOTHER — Appellant Vs. THE STATE OF ORISSA AND OTHERS — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal,…
Custody of child – For the proper growth of a child, the love and affection of both parents are deemed necessary – In any custody matter, the paramount consideration is the welfare of the child
SUPREME COURT OF INDIA DIVISION BENCH SELVARAJ — Appellant Vs. REVATHI — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. ) Criminal Appeal No(S). …of 2023 (Arising out…
HELD the wish/desire of the child can be ascertained through interaction but then, the question as to ‘what would be in the best interest of the child’ is a matter to be decided by the court taking into account all the relevant circumstances
SUPREME COURT OF INDIA DIVISON BENCH ROHITH THAMMANA GOWDA — Appellant Vs. STATE OF KARNATAKA AND OTHERS — Respondent ( Before : A.M. Khanwilkar and C.T. Ravikumar, JJ. ) Civil…
Parens patriae – Habeas Corpus proceeding brought by one parent against the other for the custody of their child, the court has before it the question of the rights of the parties as between themselves, and also has before it
SUPREME COURT OF INDIA DIVISON BENCH RAJESWARI CHANDRASEKAR GANESH — Appellant Vs. THE STATE OF TAMIL NADU AND OTHERS — Respondent ( Before : A.M. Khanwilkar and J.B. Pardiwala, JJ.…
Custody of child – Parents lost due to Covid – Paternal grandparents and maternal aunt & her family (on maternal side) to act jointly and cordially and have cordial relations which shall be in the larger interest of the minor
SUPREME COURT OF INDIA DIVISON BENCH SWAMINATHAN KUNCHU ACHARYA — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : M.R. Shah and Aniruddha Bose, JJ. ) Criminal…
Declaration of guardian of a minor – Issue regarding custody of a minor child and the issue of the repatriation of the child to the native country has to be addressed on the sole criteria of the welfare of the minor and not on consideration of the legal rights of the parents – if interest of the minor which is the paramount consideration requires that the custody of a minor child should not be with the mother, the Court will be justified in disturbing the custody of the mother even if the age of the minor is less than five years
SUPREME COURT OF INDIA DIVISION BENCH VASUDHA SETHI AND OTHERS — Appellant Vs. KIRAN V. BHASKAR AND ANOTHER — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ.…