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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.
Bombay High Court: Child’s welfare has upper hand over personal law, grants custody of 9-year-old minor to the mother
In a case concerning custody of a 9-year-old son, Single Judge Bench of Shailesh P. Brahme, J. held that when the personal law is pitted with comfort and welfare of the child, latter would have upper hand, quashing the order granting custody to the respondent-father, granting him only visitation rights with temporary custody. [X v. Y, 2025 SCC OnLine Bom 2721].
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Bombay High Court: Emotional bond does not confer superior right to custody over that of biological parents
5-year old’s custody to grandmother, denied In a habeas corpus petition filed to seek the custody of child from her paternal grandmother, by the petitioner-biological father of the child, the Division Bench of Ravindra V. Ghuge and Gautam A. Ankhad*, JJ., opined that welfare of the child is of paramount importance in the custody dispute therefore, emotional bond with the child does not confer upon her a superior right to custody over that of the biological parent. Thus, the C
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