Supreme Court of India Judgements

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Category: Child Custody

Child Custody

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.

Jul 4, 2024 sclaw

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. )…

Child Custody

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.

May 12, 2024 sclaw

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.…

Child Custody

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.

May 11, 2024 sclaw

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…

Child Custody

“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

Mar 8, 2024 sclaw

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,…

Child Custody

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

Jan 19, 2022 sclaw

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.…

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Tenders & Contracts

E-auction — Typographical error — e-auction for a manganese and iron ore block submitted a bid of 140.10% instead of its intended bid of 104.10% due to a typographical error — The court allowed the company’s appeal and ordered a fresh e-auction for the block — The company was also ordered to pay Rs 3 crore ($400,000) to the state as compensation for the delay caused by its error.

Jul 20, 2024 sclaw
Corporate

Drugs (Price Control) Order, 1995 — Paragraph 13 — Recovery of overcharged amount of drugs — Demand made by the National Pharmaceutical Pricing Authority (NPPA) to recover an overcharged amount for a Cloxacillin-based drug formulation called Roscilox — The Court found that the appellant’s admission of purchasing the drug directly from the manufacturer made it liable under Paragraph 13 of the Drugs (Price Control) Order, 1995 (DPCO) — The Court also rejected the appellant’s claim that it was only a ‘dealer’ and not a ‘distributor’ under the DPCO, as the definitions of these terms under the DPCO are not mutually exclusive — The Court further noted that the objective of the DPCO is to control the prices of medicinal drug formulations and ensure they are made available to the common man, and thus, the provision should not be subjected to a restricted or hidebound interpretation — Appeal Dismissed.

Jul 20, 2024 sclaw
I P C Matrimonial

Penal Code, 1860 (IPC) — Sections 498A, 323 and 504 — Dowry Prohibition Act, 1961 — Sections 3 and 4 — Irretrievable breakdown of marriage as a ground for divorce — The court recognized that irretrievable breakdown of marriage, where the parties have been living separately for a significant period and all efforts at reconciliation have failed, can be a valid ground for divorce — This expands the grounds for divorce beyond the traditional grounds mentioned in the Hindu Marriage Act, 1955.— One-time settlement as a mode of permanent alimony — The court allowed the parties to opt for a one-time settlement as a mode of permanent alimony, instead of periodic payments — This provides flexibility to the parties in resolving their financial obligations towards each other.

Jul 20, 2024 sclaw
Service

Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014 — Rules 5 and 11 — The Supreme Court has dismissed appeals challenging the validity of a judgment by the Patna High Court, which allowed a candidate to be considered for appointment as a City Manager in Bihar — The candidate had scored to meet up the minimum qualifying marks of 32% — The court found that the minimum qualifying marks were only for the written test and not for the overall selection process — The court also rejected the appellants’ reliance on an executive order issued in 2007, stating that it was not applicable to the rules issued in 2014 — The court concluded that the candidate was eligible and qualified to be considered for appointment as she had met the minimum qualifying marks in the written test.

Jul 20, 2024 sclaw