Child Custody Archives - Page 2 of 2 - Supreme Court of India Judgements

October 14, 2025 5:18 am

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

Aug 15, 2022 sclaw

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…

Child Custody

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

Jul 17, 2022 sclaw

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.…

Child Custody

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

Jun 19, 2022 sclaw

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…

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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Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand.

Oct 12, 2025 sclaw

Evidence Act

Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility.

Oct 12, 2025 sclaw

Anticipatory Bail Corruption

Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities.

Oct 12, 2025 sclaw

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence.

Oct 12, 2025 sclaw

Category: Child Custody

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