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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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Bombay High Court: Refusing physical relations, accusing husband of affairs and humiliating him in front of his friends/employees is cruelty
In the present appeal, the appellant-wife challenged the judgment passed by the Family Court on 28-11-2019, whereby her petition for the restitution of conjugal rights was dismissed and the counterclaim of the respondent-husband for divorce was allowed and the divorce was granted. The Division Bench of Revati Mohite Dere and Dr. Neela Gokhale*, JJ., opined that the wife’s behaviour with his husband’s employees, humiliating him in front of his friends, refusing sexual relation
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Christine Lazarus Menezes v. Mr. Lazarus Peter Menezes (2017)
In the case of Christine Lazarus Menezes vs. Mr. Lazarus Peter Menezes (2017), the Hon'ble Bombay High Court held that filing false cases under Section 498A of the Indian Penal Code, 1860, constitutes cruelty and can be a ground for filing divorce. The details of the case are as follows: The appellant's wife challenged the Family Court's decision that had approved the respondent's application for divorce. The Hon'ble Bombay High Court upheld the Family Court's ruling, rejec
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