The Allahabad High Court has directed the State and private respondents to produce two minor children before it on September 25, on a habeas corpus petition by their father alleging that his estranged wife intends to convert them to Islam. The father has cited an FIR under the BNS and the UP anti-conversion law. The allegations are untested, and the Court has recorded no finding.
The Bombay High Court declined to hand interim custody of a girl to her biological parents from a neighbour couple who had raised her since infancy, holding that the welfare of the child, not the rights of the rival claimants, is paramount, and that uprooting a settled ten-year-old from the only home she has known […]
The Bombay High Court set aside a Family Court order that had handed a child’s custody to the father after sermonising on the “pious duties of a wife,” holding the reasoning “regressive,” rooted in “stereotypical and erroneous notions” of marriage, and irrelevant to the only question that mattered: the welfare of the child. Mumbai: The […]
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.
