What is more significant: Competing rights of guardianship or Welfare of minor? All HC decides
Allahabad High Court: Dr Y.K. Srivastava, J., expressed that, in a matter of custody of a minor child, the paramount consideration is
Habeas Corpus
Cal HC | ”Jurisdiction of suspicion” regarding order of preventive detention, Court sets aside order, suggesting it to be construed strictly
Calcutta High Court: The Division Bench of Rabindranath Samanta and Soumen Sen, JJ., allowed a writ petition which was filed invoking the
Law on Custody | Husband alleged to have been cause of wife’s death who committed suicide. Will this be a consideration for granting custody to father of corpus? All HC elaborates
Allahabad High Court: Dr Yogendra Kumar Srivastava, J., decided an issue with regard to the habeas corpus petition for custody of a
Gau HC | “Illegal detention or kidnapping is a pre-requisite for invoking writ of habeas corpus”; HC holds habeas corpus doesn’t apply on missing cases
Gauhati High Court: Kalyan Rai Surana, J., held that the writ of habeas corpus cannot be invoked unless there is an allegation
“Writ of habeas corpus is a festinum remedium”; All HC rejected issuance of writ at the behest of a husband to regain his wife as no prima facie case of unlawful detention is made out
Allahabad High Court: Yogendra Kumar Srivastava, J., dismissed the petition and rejected the issuance of writ of habeas corpus by a husband
P&H HC | Extra-marital affair cannot lead to conclusion that woman would not be a good mother; HC grants custody of 4-year-old to the mother
Punjab and Haryana High Court: In a habeas corpus case regarding custody of the child the Bench of Anupinder Singh Grewal, J.,
All HC | If a minor girl enters into an “agreement of marriage”, what would be the legality of such agreement? Option to ratify or rescind would be available? HC throws light in view of Ss. 11 and 23 of Contract Act
Allahabad High Court: Vikas Kunvar Srivastav, J., addresses whether a minor girl on attaining majority can ratify the agreement of marriage that
All HC | Whether issuance of writ of habeas corpus at the behest of a husband to regain his wife is available as a matter of course? Read on
Allahabad High Court: Dr Yogendra Kumar Srivastava, J., expressed that: The remedy of writ of habeas corpus at the instance of a
All HC | Man, principal accused in incident relating to wife’s death, seeking custody of minor children. Can the custody with maternal grandparents said to be illegal? Read on
Allahabad High Court: Dr Yogendra Kumar Srivastava, J., addressed a petition wherein petitioner is an accused of the offences lodged under Sections
All HC | In minor’s custody case, where child is below 5 years of age, mother is preferred, but is there any exception to it? Court explains
“Human affairs can never be disposed of by a rubber stamp approach or the application, virtually of mathematical formulae.”
All HC | If a natural guardian faces criminal charges relating to death of spouse, can custody of children or visitation rights be granted? HC discusses
Allahabad High Court: J.J., Munir, J., addressed a matter wherein the father of the minor children has been facing trial for criminal charges
Mother cannot be deprived of her child’s custody on the ground of difference in faith; Court embarks on rights of guardian in nurture in absence of father
Lord Campbell, CJ., while deciding the custody of child allowed the Writ of Habeas Corpus, marking significant observations on ‘guardian of nurture’
[Custody] MP HC | Welfare of child is of paramount importance; Mother who nurtured the child for 9 months in womb is certainly entitled to custody
Madhya Pradesh High Court, Gwalior Bench: S.A. Dharmadhikari, J., while addressing an issue with regard to the custody of a child held that
Guj HC | If marriage is registered under Special Marriage Act, is it necessary for the couple to take recourse of same law to sever ties permanently? Court elucidates in a custody matter
Gujarat High Court: A Division Bench of Sonia Gokani and N.V. Anjaria, JJ., while addressing an application with regard to the custody of
Guj HC | Court allows production of corpus via video conferencing, directs safe passage of minor and her parents to village
Gujarat High Court: A Division Bench of N.V. Anjaria and Ashok Kumar C. Joshi, JJ. addressed a petition wherein Writ of Habeas Corpus
SC|Prisoners under lawful detention can’t use Habeas corpus writ to seek pre-mature release
Supreme Court: In a case where pre-mature release of convicts was sought in terms of a Scheme framed by the Government of
Bom HC | No restriction on power of Sessions Judge to remand the accused in judicial custody for a particular period
Bombay High Court: A Division Bench of S.S. Shinde and N.B. Suryawanshi, JJ., dismissed a petition whereby the petitioners sought their release by
Utt HC | Married girl emphatically denies going to Bal Grah as her age is disputed by State; Habeas Corpus granted as the girl cannot be confined
Uttaranchal High Court: A Division Bench of Ravindra Maithani and Alok Singh, JJ. contemplated a Habeas Corpus case where the petitioner Deep
Canada SC | Detained immigrant’s application for habeas corpus may be allowed where remedy under Immigration Act is less advantageous to detainee
“Habeas corpus is a fundamental and historic remedy which allows individuals to seek a determination as to the legality of their detention…….
Pat HC | Writ Petitions under Arts. 226 & 227 or Tax References filed in Hindi to be accompanied by an authentic English version of the same
“Viewing Hindi or English as the only language does not seem to be the Constitutional mandate and it is with this end