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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
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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
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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
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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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