Habeas corpus—Child custody—Scope of proceedings—Custody of child claimed by the mother—Father of child claiming to have given away the child in adoption—The adoption deed cannot be challenged in such proceedings—Custody of child entrusted to the natural mother till adjudication over the validity of adoption deed by the Civil Court.
Category: Custody of Child
National Commission for Protection of Child Rights vis-à-vis Child Custody matters
in a case where due to dispute between the husband and wife, proceedings are pending between them, the CWC has no jurisdiction to direct visiting rights either to husband or wife. Under the provisions of Guardian and Wards Act and the Family Court Act, the powers are conferred to the court of competent jurisdiction to decide the application in respect of visiting or welfare of the child.
Whether the family Court of Delhi has any jurisdiction when the parties and the minor Daughter are American?
The custody of the minor girl child M would remain with the appellant until she attains the age of majority or the Court of competent jurisdiction, trying the issue of custody of the minor child, orders to the contrary, with visitation and access rights to the biological father whenever he would visit India
Sarita Sharma Vs Sushil Sharma -16/02/2000
It will not be proper to be guided entirely by the fact that the appellant Sarita had removed the children from U.S.A. despite the order of the Court of that country. So also, in view of the facts and circumstances of the case, the decree passed by the American Court though a relevant factor, cannot override the consideration of welfare of the minor children.
Smt. Surinder Kaur Sandhu Versus Harbax Singh Sandhu and another [All SC 1984 APRIL]
The modern theory of conflict of Laws recognises and, in any event, prefers the jurisdiction of the State which has the most intimate contact with the issues arising in the case. The spouses in this case had made England their home where this boy was born to them. The father cannot deprive the English Court of its jurisdiction to decide upon his custody by removing him to India.
Law relating to custody of minor child in various countries.
“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.
Rosy Jacob Versus Jacob A. Chakramakkal [ALL SC 1973 APRIL]
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.
What should be the visitation right of a father and how should the same be exercised.
"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 against his father"Before we examine that aspect, we…
Read More What should be the visitation right of a father and how should the same be exercised.
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 mother contrary to an order of US Court…
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 continue there as a ward of the concerned…
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