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Family law

EBY CHERIAN versus JEREMA JOHN

Requiring the non-custodial father to file a fresh interlocutory application for overnight custody on every visit imposed an undue procedural burden that harmed the child’s welfare and predictability of contact; accordingly, a standing interim-access schedule replacing the 'apply-each-time' regime was justified and ordered pending final disposal of the custody petition.

Source excerpt

  • Interim custody
  • Visitation
  • Overnight custody
  • Structured timetable for access
  • Welfare of the child
  • Mediation
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Child and family welfare

SHARMILA VELAMUR versus V. SANJAY AND ORS.

The expert evaluations (NIMHANS Comprehensive Assessment Report and the Idaho Evaluation Committee) establish that Aadith functions at the cognitive level of an approximately 8–10-year-old and lacks capacity to make well-informed, independent decisions on complex matters such as long-term residence; the Madras High Court erred in deciding alleged illegal detention based solely on a brief oral interaction. Applying the parens patriae doctrine and considering Aadith's best interests (including his established roots, education, services and sibling relationship in the US), the Court set aside th…

Source excerpt

  • Capacity to make decisions
  • Best interests of the child
  • Parens patriae
  • Credence to expert reports
  • Foreign guardianship orders
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Custody

SWAMINATHAN KUNCHU ACHARYA versus STATE OF GUJARAT & ORS.

On the facts the High Court erred in awarding custody to the maternal aunt; because there were no findings that the paternal grandparents were unfit and considering the child's interim residence and inclination, the balance for the child's welfare and best interest tilts in favour of the paternal grandparents, who shall continue custody subject to the final outcome of pending Section 7 proceedings.

Source excerpt

  • Welfare of the child
  • Best interest of the child
  • Visitation rights
  • Interim custody
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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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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.