The Allahabad High Court temporarily transferred custody of a five-year-old girl to her father, observing that she appeared “heavily tutored” and was being used as a “pawn” in her parents’ matrimonial dispute. The interim order was passed in a habeas corpus petition.
The Madras High Court ruled that women remain eligible for surrogacy until they turn 51, interpreting the upper age limit liberally. It also directed magistrates to avoid hyper-technical objections while deciding surrogacy-related birth affidavit and parentage applications.
The Pune family court granted interim custody of a minor child to his Singapore-based father, observing that the child’s welfare would be better served in his care. The court noted alleged non-compliance with orders and stressed that custody must focus on the child’s best interests.
The Delhi High Court ruled that a parent cannot be denied access to children merely because they reside abroad. The Court granted businessman Amritesh Jatia interim custody of his two children in London during their summer vacation, stating parental time cannot be restricted without justification.
The Delhi High Court dismissed a mother’s habeas corpus plea seeking custody of her four-year-old daughter living with father in Singapore. The Court held disputed international custody matters should be decided by Family Court, not writ jurisdiction.
The Madhya Pradesh High Court ordered immediate restoration of custody of a seven-year-old girl to her mother, holding that the father could not retain custody without a court order. The Court noted the child’s wish to live with her mother.
The Supreme Court has ruled that psychological evaluation of a child should not be treated as a routine measure in custody disputes before Family Courts. The Court clarified that no assessment should be conducted if a psychologist’s report finds it unnecessary or undesirable for the child’s welfare.
The Supreme Court of India noted a worrying rise in women allegedly misusing dowry, domestic violence, and POCSO laws by filing frivolous complaints, overshadowing genuine cases and using false accusations to pressure husbands and in-laws for settlements unfairly.
The Calcutta High Court quashed an FIR and chargesheet under Section 498A against a husband and his mother. It held that mental trauma claimed from the child’s custody change was not cruelty, considering findings and the child’s preference.
The Delhi High Court directed professional counseling for both parents and their minor daughter to help start unsupervised visitation with the father. The Court said the child’s welfare is the most important and both parents must work together to make the child comfortable.
