Tag: Guardianship

Jasmeet Kaur Vs. State (NCT of Delhi) & Anr-12/12/ 2019

SUPREME COURT OF INDIA JUDGMENTS

It was evident from the conduct of the parties that they had abandoned their domicile of origin i.e. India, had set up their matrimonial home in the U.S. and raised their daughter in that environment. When the Petitioner – wife decided not to return to the U.S. in January, 2016 she acted in her self-interest, and not in the best interest of her children.

Tejaswini Gaud and Others Vs. Shekhar Jagdish Prasad Tewari and Others – 06/05/19

Custody of the Child given to the father – Writ of habeas corpus is a prerogative process for securing the liberty of the subject by affording an effective means of immediate release from an illegal or improper detention. The writ also extends its influence to restore the custody of a minor to his guardian when wrongfully deprived of it. The detention of a minor by a person who is not entitled to his legal custody is treated as equivalent to illegal detention for the purpose of granting writ, directing custody of the minor child.