“Guardian” means a person having the care of the person of a minor or of his property or of both his persons and property, and inter alia includes a natural guardian. Section 2 of the Act declares that the provisions of the Act shall be in addition to, and not in derogation of 1890 Act.
There is no dichotomy between the fitness of the father to be entrusted with the custody of his minor children and considerations of their welfare.
“For a boy so young in years, these and other expressions suggesting a deep rooted dislike for the father could arise only because of a constant hammering of negative feeling in him […]
Whether bringing away of a child to India by his mother against an order of US Court would have any bearing on decision of Courts in India while deciding custody and welfare of child?
Supreme Court in Dhanwanti Joshi v. Madhav Unde, (1998) 1 SCC 112, one of the questions that fell for consideration was whether the bringing away of a child to India by his […]
Supreme Court in Kuldip Nayar and Ors. v. Union of India and Ors., (2006) 7 SCC 1, the expression “ordinary residence” as used in the Representation of People Act, 1950 fell for […]
What if a child was removed by father from USA contrary to custody orders of US Court directed the child be sent back to USA to mother?
Mrs. Elizabeth Dinshaw Versus Arvand M. Dinshaw and another- “It will be in the best interests of the minor child that he should go back with his mother to the United States of America and […]
Supreme Court in Smt. Satya v. Shri Teja Singh, (1975) 1 SCC 120. That was a case in which the validity of a decree for divorce obtained by the husband from a […]