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Child Custody
This category covers legal and practical aspects of child custody, including physical and legal custody, visitation rights, and parental responsibilities. It explores how courts decide custody based on the best interests of the child, considering safety, stability, and parental capability. Relevant laws like the Hindu Marriage Act, Guardians and Wards Act, and Special Marriage Act guide custody decisions to ensure the child’s well-being during family disputes.


Child Custody|Telangana High Court|Shujahat Hussain V. Sidra Hussain|Advocate-Mother Violates Visitation Order; High Court Issues Contempt Directions
The Telangana High Court addressed a serious violation of a visitation order after an advocate-mother relocated three minor children to Bhopal without permission. Holding the act to be wilful disobedience, the Court directed the immediate return of the children so the mother could first purge the contempt before defending her actions.
7 min read


Cross-Border Child Custody|Andhra Pradesh HC|Pavan Kumar V. Maheshwari(2025)|Produce the Child before Court or Face Jail: Court Issues Ultimatum to Wife in a 7 Year US–India Custody Battle
In a significant ruling on cross-border child custody, the Andhra Pradesh High Court held the mother in contempt for wilfully failing to produce the child in an ongoing US–India dispute. The judgment clarifies the enforceability of domestic court orders despite foreign jurisdiction claims, applies the principles of wilful disobedience, and sets an important precedent for international custody enforcement in India.
26 min read


Visitation Rights|Andhra Pradesh High Court|X v. Y(2025)|Mother Tries to Block Visitation, Court Restores Balance: Child’s Welfare Above All
Andhra Pradesh High Court upheld a Family Court order granting a father weekly visitation rights while retaining custody of the minor daughter with the mother, holding that in child custody and guardianship disputes under the Guardians and Wards Act and Hindu Minority and Guardianship Act, the paramount consideration is the welfare of the child, not the statutory rights of either parent.
9 min read
Child Custody| Supreme Court| M. v. D. (2016)
This case was a landmark judgment related to the custody of children and the role of the father in child rearing. The Supreme Court ruled that the father has a fundamental right to seek custody of his children, even if the mother is the primary caregiver. This case shifted the traditional perception that mothers are always the preferred custodians and emphasized the importance of equal parenting.
1 min read
Child Custody| Supreme Court| V. D. S. A. v. S. A. (2009)
This case dealt with the issue of child custody and the welfare of the child in divorce proceedings. The Supreme Court ruled that the paramount consideration in child custody matters is the best interest of the child, and that both parents must have an equal say in the upbringing of the child. The judgment reinforced the idea that the custody of children should not be solely determined by the legal rights of the parents but should prioritize the emotional and developmental ne
1 min read
Kerala High Court: Father’s Custody Order Set Aside, Highlights Need for Credible Evidence on Postpartum Depression
In a petition challenging the Family Court’s decision, which found that the mother was suffering from psychiatric disorders and granted permanent child custody to the father, the Division Bench of Justices Devan Ramachandran and M.B. Snehalatha, JJ. while setting aside the impugned orders, observed that postpartum depression, while common in some women, is typically temporary and does not persist indefinitely. The Bench emphasized that alleging that the mother was still suffe
1 min read
Delhi High Court: Forcible removal of minor child by parent to new place doesn’t make that place an ordinary residence
In the present case dealing with forcible removal of minor child by parent to new place, an appeal was filed by the wife challenging the order dated 15-4-2024, whereby the guardianship petition filed by the wife under Sections 7, 8, 9 and 25 of the Guardians and Wards Act, 1890 (‘G&W Act’) was rejected. Further, the petition was also filed by the husband praying for a writ of Habeas Corpus, directing the production of the male minor child of the parties, and further seeking p
1 min read
Allahabad High Court: Gender-sensitive, emotionally intelligent, & child-centred judicial approach required in custody of minor girls
Minor daughter’s custody granted to mother in an application filed by the applicant-wife against the rejection of her appeal filed against the Trial Court’s orders granting the wife only visitation rights for her minor daughter (‘the child’), the Single Judge Bench of Vinod Diwakar, J., allowed the application, granting the custody of the child to the wife. The Court held that the husband first orchestrated a fabricated story to remove the child from wife’s care and then made
1 min read
Telangana High Court: Mother Must Return 3 Children to Custody Holder, Purge Contempt Before Contesting
Telangana HC directs mother to return 3 minor children to custody holder In a contempt petition filed against the mother of three minor children who, in contempt of the order dated 4-3-2025, had flown off with her children from Hyderabad to Bhopal, the Division Bench of Moushumi Bhattacharya and BR Madhusudhan Rao, JJ, reiterated that the contemptuous conduct must be reversed or undone before contempt may be contested. The Court further held that alleged contemnor must first
1 min read
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