child welfare - The Legal Chamber

Deception in Court Backfires: Supreme Court Awards Custody to Father in Habeas Corpus Case

6Nov

By The Legal ChamberNo Comments

Supreme Court

Deception in Court Backfires: Supreme Court Awards Custody to Father in Habeas Corpus Case

This Supreme Court judgment underscores that the child's welfare is the paramount consideration in custody disputes, overriding parental legal rights. It affirms the use of habeas corpus for child custody, directing interim custody to the natural guardian while prioritizing a stable environment and ordering the initiation of proceedings under the Guardians and Wards Act, 1890. Facts Of The Case: The case involves a matrimonial dispute between Sandeep Kumar (father) and Latika Arora (mother) concerning their two children. In May 2021, the mother travelled to the UK with their daughter, 'Miss N', but left their son, 'Master K', in India with her parents without the father's knowledge or consent. The father, unaware of his son's whereabouts, initiated proceedings in the UK High ...

Supreme Court Grants Virtual Visitation Rights in International Child Custody Case

7Oct

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Grants Virtual Visitation Rights in International Child Custody Case

The Supreme Court, prioritizing the child's welfare as the paramount consideration, granted the appellant-father virtual visitation rights. The Court held that a child has a right to maintain a relationship with both parents, even internationally. It directed regulated video-conferencing sessions to ensure the father remains part of the child's life without disrupting the child's settled custody arrangement with the mother. Facts Of The Case: The case involves a protracted custody dispute between the appellant-father, Manoj Dhankar, and the respondent-mother, Neeharika, over their minor son. The parties separated in 2017, after which the mother left the matrimonial home with the child. Both parties initiated various legal proceedings, including petitions for divorce and custody. Th...

Supreme Court Returns Children to Adoptive Parents, Prioritizes Family Bonds Over Procedure

13Sep

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Returns Children to Adoptive Parents, Prioritizes Family Bonds Over Procedure

The Supreme Court ruled that removing children from their adoptive parents violated the principle of the child's best interest, a cornerstone of juvenile justice law. Invoking Article 142 to ensure complete justice, the Court ordered the children's immediate return, prioritizing family bonds and rehabilitation over procedural non-compliance in adoption. Facts Of The Case: In a series of connected cases, multiple sets of appellants from Andhra Pradesh and Telangana claimed to be the adoptive parents of minor girls. They had adopted the children, ranging from two days to twenty days old, directly from the biological parents between 2021 and early 2024 under the provisions of the Hindu Adoptions and Maintenance Act, 1956. However, on May 22, 2024, police authorities forcibly took custody of...

Landmark Ruling: Supreme Court Restores Mother’s Custody Based on Psychological Reports

11Aug

By The Legal ChamberNo Comments

Supreme Court

Landmark Ruling: Supreme Court Restores Mother’s Custody Based on Psychological Reports

The Supreme Court exercised its review jurisdiction under Article 137 of the Constitution, emphasizing the limited scope of review and the paramount consideration of the child's welfare in custody matters. The Court recalled its earlier order, restoring custody to the mother while granting visitation rights to the father, citing the child's mental health and stability as decisive factors. The judgment reaffirmed that custody orders are interlocutory and subject to modification based on the child's evolving best interests, aligning with the doctrine of parens patriae. The Court underscored the necessity of a stable environment for the child's holistic development and cautioned against abrupt changes in custody arrangements. Facts Of The Case: The case involves a custody dispute between Ne...

Big Relief for Mothers: Supreme Court Backs Woman’s Right to Benefit After Remarriage

11Jun

By The Legal ChamberNo Comments

Supreme Court

Big Relief for Mothers: Supreme Court Backs Woman’s Right to Benefit After Remarriage

The Supreme Court ruled that K. Umadevi is entitled to maternity leave under FR 101(a), setting aside the High Court Division Bench's decision. The Court emphasized a purposive and liberal interpretation of maternity benefit provisions, aligning with reproductive rights under Article 21 of the Constitution and international conventions, irrespective of prior children not in the mother's custody or born from a previous marriage. Facts Of The Case: K. Umadevi, the appellant, married A. Suresh in 2006, having two children from this wedlock in 2007 and 2011. Their marriage was dissolved in 2017, and the children remained in the custody of her former husband. In December 2012, she joined government service as an English Teacher in Tamil Nadu. On September 12, 2018, the appellant remarried M...

Child Custody Battle : Supreme Court Eases Custody Rules for NRI Father

25May

By The Legal ChamberNo Comments

Supreme Court

Child Custody Battle : Supreme Court Eases Custody Rules for NRI Father

The Supreme Court ruled that requiring a non-custodial parent to file repeated applications for visitation rights imposes undue procedural burdens. It held that interim custody arrangements must balance a child's welfare with both parents' rights, emphasizing structured access schedules over case-by-case approvals. The judgment establishes that meaningful parent-child contact shouldn't be hindered by procedural formalities when consistent involvement is demonstrated, particularly in transnational custody cases. The Court directed family courts to implement standing visitation orders pending final custody determinations. Facts Of The Case: The case involved a custody dispute between Eby Cherian (appellant), an engineer working rotational overseas postings, and Jerema John (respondent), a ...

POCSO Case Delays Addressed: Supreme Court Directs Faster Trials in Child Sexual Abuse Cases

24May

By The Legal ChamberNo Comments

Supreme Court

POCSO Case Delays Addressed: Supreme Court Directs Faster Trials in Child Sexual Abuse Cases

The Supreme Court, in its suo moto jurisdiction, issued directives to expedite trials under the POCSO Act 2012, mandating exclusive special courts in districts with over 100 pending cases. It emphasized time-bound investigations, child-friendly infrastructure, and sensitized personnel. The Court also stressed forensic lab efficiency and victim compensation, reinforcing strict adherence to statutory timelines to curb delays in child sexual abuse cases Facts Of The Case: The Supreme Court of India took suo moto cognizance in July 2019 of the alarming rise in child sexual abuse cases across the country, registering the matter as "In Re: Alarming Rise in the Number of Reported Child Rape Incidents." This judicial intervention was prompted by numerous media reports highlighting the increasing...