Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
CONSULTATION
Court: Delhi High Court Bench: JUSTICE Mahesh Chandra Lekh Raj Kukreja Vs. Raymon On 10 February 1989 Law Point: Guardian and Wards Act, 1890 — Section 12 — Interim custody of minor male child aged 11 — Lower Court gave it to mother as he would be in the company of his sister — Revision […]
Court: Bombay High Court Bench: JUSTICE S.P. Bharucha Farjanabi Vs. Sk. Ayub Dadamiya On 15 February 1989 Law Point: Guardians and Wards Act — Section 25 and Mohammedan law — Guardianship — Male children above 7 years of age — Custody — Under Mohammedan law father is entitled. JUDGEMENT The appeal is directed against the […]
Court:Punjab & Haryana High Court Bench: JUSTICE J.B. Garg Shaleen Kabra Vs. Shiwani Kabra On 8 MAy 2012 Law Point: Custody of Children — Paramount consideration is welfare of child — Separation of two sons, brothers, not just and proper as they are very close to each other — High Court vide impugned judgment permitted […]
Court: Allahabad High Court Bench: JUSTICE S.N. Saxena Sanju Vs. Sobhanath On 11 August 1994 Law Point: Hindu Minority & Guardianship Act, 1956 — Sec. 6 — Minor Child-Custody — Husband and wife living separately- Minor children above 5 years age living with father — Welfare of child is main criteria — Father is financially […]
Court: Andhra Pradesh High Court Bench: JUSTICE Dr. B. Siva Sankara Rao D.N. Manimanjari Vs. S. Virupaksheswara Rao On 21 December 2017 Law Point: Visitation Rights – Boy underwent treatment under Psychiatrist at Counselling Centre – Even if custody remained with mother, right of father to see children at intervals cannot be ignored – Order […]
Court: Delhi High Court Bench: JUSTICES Hima Kohli & Deepa Sharma Jasmeet Kaur Vs. Navtej Singh On 19 September 2017 Law Point: Section 9 — Jurisdiction — Guardianship — Requirement of Section 9 — Minor must reside within jurisdiction of said Court. JUDGEMENT 1. The present appeal arises out of an order […]
Court: Orissa High Court Bench: JUSTICE S.K. SAHOO Vinay Gupta vs Saveri Nayak on 28 November 2016 Law Point: Magistrate is empowered to pass an ex parte order order in granting interim/temporary custody of any child or children to aggrieved party even basing on the affidavit filed by such aggrieved party without notice to respondent. […]
Court: Delhi High Court Bench: JUSTICE Mr. Malik Sharief-Ud-Din and Mr. Dalveer Bhandari Kala Aggarwal Vs. Suraj Prakash Aggarwal and Others On 27 March 1992 Law Point: Petition filed under Art. 32 before Supreme Court—Transferred—Petitioner divorced from Resp. 1 by decree passed by Court of U.S.A.—Being appointed managing conservator of children—Resp. as possessory conservator—Res. brought […]
Court: Supreme Court Of India Bench: JUSTICE C.K. Thakker & Altamas Kabir Mohan Kumar Rayana Vs. Komal Mohan Rayana On 1 November 2007 Law Point: Challenge against interim order passed by High Court, denying visitation right to appellant-father — This Court met appellant, respondent and also minor child separately, to ascertain what each had to […]
Court: PUNJAB AND HARYANA HIGH COURT Bench: JUSTICE Arun Kumar Tyagi KIRAN V. BHASKAR Vs. STATE OF HARYANA & ORS. On 31 August 2021 Law Point: Custody of minor — Inter Country child removal and issue of repatriation — Proceedings in USA Court and order passed by USA Court — Minor child is a US […]