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Family law

KOMAL KRISHAN ARORA & ORS. versus SANDEEP KUMAR & ORS.

The Supreme Court dismissed the appeal and upheld the High Court's order granting interim custody of the minor son to the father because, on the facts, the welfare and best interests of the child would be served by his custody with the father (natural guardian), the mother had left the child in India without informing the father and failed to disclose the fact to the UK court, the father had sufficient means and a suitably located residence (Noida) offering better facilities, and appropriate interim safeguards and directions (visitation, prohibition on taking the child abroad, and initiation…

Source excerpt

  • Custody
  • Interim custody
  • Visitation
  • Habitual residence
  • Comity of courts
  • Jurisdiction
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Constitutional law

NEETHU B. @ NEETHU BABY MATHEW versus RAJESH KUMAR

The Court entertained the review because the post-judgment psychological assessment reports constituted new evidence satisfying the triple test and showed deterioration in the child’s mental health directly consequent to the change in custody; in the best interest of the child the Court restored custody to the mother (re-affirmed Trial Court's custody finding), recalled its earlier order dismissing the appeals, allowed the civil appeals, set aside the High Court order, and granted conditional virtual and limited physical visitation rights to the father with directions for counseling and perio…

Source excerpt

  • Article 137 review
  • Custody of child
  • Best interest of the child
  • Psychological assessment
  • Visitation rights
  • Scope of review jurisdiction
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Family law

SUGIRTHA versus GOWTHAM

While the father is entitled to interim visitation as natural guardian, visitation arrangements must prioritize the child's health and welfare; accordingly the place of visitation ordered by the courts below (Karur) was modified and visits were directed to take place in Madurai under specified conditions.

Source excerpt

  • Visitation rights
  • Custody
  • Guardianship
  • Interim orders
  • Best interest of the child
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Constitutional law

SOMPRABHA RANA & ORS. versus THE STATE OF MADHYA PRADESH & ORS.

The High Court erred in disturbing the custody of the minor by issuing a writ of Habeas Corpus without considering the welfare and best interests of the child; given the child's tender age and the prolonged period she had been in the appellants' care, the Supreme Court set aside the High Court order, dismissed the writ petition (not on merits but on discretionary grounds), and directed supervised access to the father and paternal grandparents while leaving final custody determination to substantive proceedings under the Guardians and Wards Act.

Source excerpt

  • Habeas corpus under article 226
  • Custody of minor
  • Welfare of the child
  • Guardians and wards act, 1890
  • Doctrine of parens patriae
  • Access to child
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Guardianship

COL. RAMNEESH PAL SINGH versus SUGANDHI AGGARWAL

The Supreme Court allowed the appeal, set aside the High Court order granting shared custody, and upheld the Family Court's award of permanent custody to the father because the children's clear and consistent preference to reside with him (they were old enough to express an intelligent choice) combined with the absence of any identified instances of alienating behaviour and the adequacy of support available to Armed Forces families meant that custody with the father was in the minors' welfare; visitation rights of the mother as per the Family Court order were to continue.

Source excerpt

  • Custody of minor children
  • Visitation rights
  • Shared custody
  • Parental alienation syndrome (pas)
  • Guardian and wards act ss.7,9,17,25
  • Protection of women from domestic violence act, 2005
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Family law

AMAN LOHIA versus KIRAN LOHIA

The Family Court exceeded its jurisdiction and violated mandatory procedural requirements and principles of natural justice by allowing ex parte transposition of parties and appointing the respondent sole guardian without ensuring service, hearing or deciding pending amendment applications; therefore the ex parte orders were set aside and the guardianship petition was remanded for fresh adjudication with due notice and opportunity to both parties and considering child-centric welfare including possibilities of joint/shared parenting.

Source excerpt

  • Guardianship
  • Family court procedure
  • Natural justice
  • Transposition of parties
  • Abandonment of proceedings
  • Child custody and access
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Constitutional law

DIPIKA JAGATRAM SAHANI versus UNION OF INDIA AND ORS.

The Court held that the Centre and the States are constitutionally and statutorily obliged to implement Sections 4, 5 and 6 of the National Food Security Act, 2013 and to meet the nutritional standards in Schedule II; in view of the MWCD guidance of 11.11.2020 all Anganwadi Centres situated outside containment zones must be reopened by States/UTs unless the State Disaster Management Authority directs otherwise, centres in containment zones remain closed until containment continues, and States/UTs must ensure compliance with Schedule II and institute monitoring and district-level complaint red…

Source excerpt

  • Anganwadi centres
  • National food security act, 2013
  • Integrated child development services
  • Right to food
  • Covid-19 pandemic
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Child welfare

G H DSG versus AKG

The Supreme Court affirmed the Family Court order granting custody to the father and specified visitation rights to the mother because three counsellors' reports and the Court's own interaction with the child showed the child (over 12 years) was articulate and unequivocal in her desire to reside with her father, she denied the allegations of sexual abuse by the father, and the mother's observed symptoms of Paranoid Schizophrenia required assessment and treatment such that keeping custody with the father was in the child's welfare; therefore the interim custody orders were to be upheld.

Source excerpt

  • Custody of minor
  • Visitation rights
  • Parens patriae jurisdiction
  • Child's preference in custody
  • Mental illness of parent
  • Counsellor reports
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Family law

UNION OF INDIA & ANR. ETC. versus ANKUR GUPTA & ORS.

Upon acquisition of US citizenship by both respondents, they ceased to be eligible for adoption as Indian prospective adoptive parents living in India. The statutory scheme requires them to be considered under inter-country adoption; if child not adopted by Indian prospective parents within sixty days after notification, respondents as eligible OCI may adopt the child in priority.

Source excerpt

  • Adoption eligibility
  • Inter-country adoption
  • Seniority of adoptive parents
  • Citizenship and adoption
  • Juvenile justice act
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Child welfare

SAMPURNA BEHRUA versus UNION OF INDIA & ORS.

Directions issued to expedite SOP preparation and sharing, to complete registration and information sharing of child care institutions, and to circulate Child Protection Policy draft for suggestions. Incomplete reports require further follow-up by State Governments and the Ministry.

Source excerpt

  • Child protection
  • Child care institutions
  • Juvenile justice boards
  • Child welfare committees
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.