An Anantnag court refused a father’s plea for custody after his 10-year-old son refused to meet him, urging the man to win his child’s heart with love instead of legal fights. The judge stressed that forcing a child to meet a parent against his will would harm the child’s welfare.
The Calcutta High Court allowed the application filed by a rape accused seeking DNA Test of the child and clarified that when “non-access” to a relationship is claimed by the accused, it is his right to have the same proved by way of evidence available/possible. The High Court was considering a revisional application preferred against an order of the Additional Sessions Judge arising out a criminal case registered under Sections 376 and 420 of the Indian Penal Code. The Single-Judge Bench of Justice Shampa Dutt (Paul) said, “Thus, when “non-access” is claimed in such a relationship, it is the right of the accused to have the same proved by way of evidence available/possible.”
The court, in its order passed on February 28, also convicted a woman attendant of the school bus and sentenced her to the jail term that she has already undergone. The girl was a nursery student in a convent school located in Mira Road locality and the incident occurred while she was returning home after attending the school.
The Delhi High Court ruled that an adulterous spouse is not automatically an incompetent parent, emphasizing that custody decisions should prioritize the child’s welfare over moral failings. The court upheld joint custody, reiterating that an extramarital relationship should not be the sole factor in denying custody unless it proves harmful to the child.
The Bombay High Court sentenced Vijay Dive to 10 years of rigorous imprisonment for kidnapping and attempting to sell a 14-year-old girl for prostitution. This decision emphasizes the need for stringent punishment to combat human trafficking and protect vulnerable individuals. The ruling serves as a strong message against this social evil and highlights the judiciary’s commitment to safeguarding society.
The Patna High Court ruled that a minor girl cannot be placed under her husband’s care as she is underage, despite her consent to marriage. Emphasizing the legal stance on child marriage in India, the court’s decision reflects a nuanced understanding of the complex ethical and legal issues involved, highlighting the ongoing need to address and eradicate child marriage.
The Punjab and Haryana High Court declined a mother’s plea for custody of her 8-year-old daughter, citing the child’s capability to make an informed choice. Despite the mother’s legal right as the natural guardian, the court considered the child’s strong attachment to her current guardians, ultimately ruling in their favor. The court allowed daily visits for the mother but maintained custody with the second husband and his family.
The Delhi High Court, led by Justice Swarana Kanta Sharma, denied bail to a man involved in a dowry death case, stressing the necessity of public education on genetic science and the determination of a child’s gender. The ruling highlights societal misconceptions and advocates for empowering women while addressing deep-seated societal issues related to gender-based discrimination.