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Tag: Child Custody Given to Father

Elizabeth Dinshaw Vs Arvand M.Dinshaw and Anr on 11 Nov 1986

Posted on June 21, 2022 by ShadesOfKnife

The Division Bench of the Apex Court held as follows (in regards to Custody of Children):

8. Whenever a question arises before a court pertaining to the custody of a minor child, the matter is to be decided not on considerations of the legal rights of parties but on the sole and predominant criterion of what would best serve the interest and welfare of the minor. We have twice interviewed Dustan in our chambers and talked with him. We found him to be too tender in age and totally immature to be able to form any independent opinion of his own as to which parent he should stay with. The child is an American citizen. Excepting for the last few months that have elapsed since his being brought to India by the process of illegal abduction by the father, he has spent the rest of his life in the United States of America and he was doing well in school there. In our considered opinion it will be in the best interests and welfare of Dustan that he should go back to the United States of America and continue his education there under the custody and guardianship of the mother to whom such custody and guardianship have been entrusted by a competent court in that country. We are also satisfied that the petitioner who is the mother, is full of genuine love and affection for the child and she can be safely trusted to look after him, educate him and attend in every possible way to his proper upbringing. The child has not taken root in this country and he is still accustomed and acclimatized to the conditions and environments obtaining in the place of his origin in the United States of America. The child’s presence in India is the result of an illegal act of abduction and the father who is guilty of the said act cannot claim any advantage by stating that he has already put the child in some school in Pune. The conduct of the father has not been such as to inspire confidence in us that he is a fit and suitable person to be entrusted with the custody and guardianship of the child for the present.

Comity of Courts:

9. In Re H. (infants)1 the Court of Appeal in England had occasion to consider a somewhat similar question. That case concerned the abduction to England of two minor boys who were American citizens. The father was a natural-born American citizen and the mother, though of Scottish origin, had been resident for 20 years in the United States of America. They were divorced in 1953 by a decree in Mexico, which embodied provisions entrusting the custody of the two boys to the mother with liberal access to the father. By an amendment made in that order in December 1964, a provision was incorporated that the boys should reside at all times in the State of New York and should at all times be under the control and jurisdiction of the State of New York. In March 1965, the mother removed the boys to England, without having obtained the approval of the New York court, and without having consulted the father; she purchased a house in England with the intention of remaining there permanently and of cutting off all contacts with the father. She ignored an order made in June 1965, by the Supreme Court of New York State to return the boys there. On a motion on notice given by the father in the Chancery Division of the Court in England, the trial Judge Cross, J. directed that since the children were American children and the American court was the proper court to decide the issue of custody, and as it was the duty of courts in all countries to see that a parent doing wrong by removing children out of their country did not gain any advantage by his or her wrongdoing, the court without going into the merits of the question as to where and with whom the children should live, would order that the children should go back to America. In the appeal filed against the said judgment in the Court of Appeal, Willmer, L.J while dismissing the appeal extracted with approval the following passage from the judgment of Cross, J.โ€ก:

โ€œThe sudden and unauthorised removal of children from one country to another is far too frequent nowadays, and as it seems to me, it is the duty of all courts in all countries to do all they can to ensure that the wrongdoer does not gain an advantage by his wrongdoing.

The courts in all countries ought, as I see it, to be careful not to do anything to encourage this tendency. This substitution of self-help for due process of law in this field can only harm the interests of wards generally, and a Judge should, as I see it, pay regard to the orders of the proper foreign court unless he is satisfied beyond reasonable doubt that to do so would inflict serious harm on the child.โ€ย 

10. With respect we are in complete agreement with the aforesaid enunciation of the principles of law to be applied by the courts in situations such as this.

Elizabeth Dinshaw Vs Arvand M.Dinshaw and Anr on 11 Nov 1986

Citations : [1987 SCC 1 42], [1987 SCR 1 175], [1987 CRIMES SC 1 71], [1986 SCALE 2 745], [1987 AIR SC 3], [1986 JT 1 795], [1987 SCC CRI 13]

Other Sources :

https://indiankanoon.org/doc/271434/

https://www.casemine.com/judgement/in/5609ac23e4b014971140e22f

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Child Custody Given to Father Elizabeth Dinshaw Vs Arvand M.Dinshaw and Anr Landmark Case | Leave a comment

Vijaya Mahantesh Mulemane Vs State of Karnataka and Ors on 03 Mar 2022

Posted on March 10, 2022 by ShadesOfKnife

This is such an atrocious case whereby the so-called mother flouts the orders passed by Canadian Courts regd Custody of a minor child and reaches India only to file a 498A IPC case. Crooks!

Vijaya Mahantesh Mulemane Vs State of Karnataka and Ors on 03 Mar 2022

The Earlier decision from Karnataka High Court’s Division Bench, where a parenting plan was devised by the judges.

Vijaya Mahantesh Mulemane Vs State of Karnataka and Ors on 22 Nov 2020
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Abuse Or Misuse of Process of Court Article 226 - Power of High Courts to issue certain writs Article 227 - Power of superintendence over all courts by the High Court Child Custody Given to Father Guardians and Wards Act Sec 25 - Title of guardian to custody of ward Legal Terrorism Misuse of Women-Centric Laws Vijaya Mahantesh Mulemane Vs State of Karnataka and Ors | Leave a comment

Gaytri Bajaj Vs Jiten Bhalla on 5 Oct 2012

Posted on January 18, 2021 by ShadesOfKnife

After Delhi High Court denied to set aside the MCD granted by ADJ Court in 2008, the knife tried to grab the children’s custody. Supreme Court had to take the feedback of minor girl children and deny the same to the Petitioner-mother (no more why due to MCD attaining finality, long back)

Gaytri Bajaj Vs Jiten Bhalla on 5 Oct 2012

Citations : [2012 SCC 12 471], [2012 DMC SC 1 19], [2012 AIR SC 6102], [2012 SLT 8 6], [2012 ALLMR SC 6 438], [2012 CCC SC 4 663], [2013 AIR SC 102], [2012 SCALE 10 55], [2012 AIOL 448], [2013 SCC CIV 2 425], [2012 SCC ONLINE SC 833], [2012 AIC 119 55], [2012 ALR 95 597], [2012 KLJ 4 323], [2013 LW 1 886], [2013 CHN 1 9], [2012 RCR CIVIL 4 603], [2013 CDR SC 2 348], [2012 PLJR 4 246], [2012 MLJ 7 887], [2013 OLR SC 1 50], [2012 AWC SC 6 6396], [2013 CLT SC 115 509], [2012 ALT SC 6 58], [2012 SCR 8 1142], [2012 JT SC 10 139], [2012 AIR SCW 6102], [2013 ALD SC 1 127], [2013 SCR 1 116]

Other Sources :

https://indiankanoon.org/doc/119141271/

https://www.casemine.com/judgement/in/5609af16e4b01497114158f0

https://www.indianemployees.com/judgments/details/gayatri-bajaj-versus-jiten-bhalla

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Child Custody Given to Father Gaytri Bajaj Vs Jiten Bhalla | Leave a comment

Jiten Bhalla Vs Gaytri Bajaj on 08 Sep 2008

Posted on January 18, 2021 by ShadesOfKnife

Delhi High Court passed this Judgment, critiquing the conduct of a ADJ in a matrimonial case…

124. Here in the present case, the Addl.District Judge without recording the evidence and without going into the allegations and counter allegations made by both the parties, has disposed of this application, which is unwarranted, since all the allegations and counter allegations made in the present proceedings require evidence.
125. Now, the question which arises for consideration as to whether present appeal under Section 28 of Act is maintainable or not. Even assuming for arguments sake that appeal is not maintainable, but revision does lie and this appeal can be treated as revision.
126. When admittedly, civil suit was pending, then there was no occasion for Addl.District Judge to have admitted application under Section 151 CPC for consideration and as such, the order of Addl.District Judge in entertaining application under Section 151 CPC, was patently without jurisdiction.
127. Lastly, the Addl. District Judge has made certain observations about the health of the his predecessor.

128. There was no occasion for Sh.V.K.Khanna, Addl.District Judge, to make such observations.
129. It has nowhere been pleaded by the respondent/applicant in application under Section 151 CPC, that predecessor of Sh.V.K.Khanna, Additional District Judge was not keeping good health or the judgment has not been signed by him.
131. A judicial officer has no authority or jurisdiction to comment upon the functioning and working of judicial officer of same rank, about the competency or physical condition of his successor. 132. Whether an Additional District Judge, who is subordinate to this Court, is competent to discharge his judicial functions or not, that is, for this Court to decide. Sh.V.K.Khanna, Additional District Judge has assumed powers of this Court and has made sarcastic remarks on the functioning, competency and physical condition of his predecessor, Sh.S.C.Mittal, Additional District Judge (since deceased) who was much senior in hierarchy to Sh.V.K.Khanna, Additional District Judge.
133. A judicial officer, has no business or right to compare the signatures of his predecessor on the judicial proceedings which have been made by him in discharge of his judicial functions. More so, when no pleadings whatsoever in respect thereof, have been made by any of the parties. The conduct of Sh.V.K.Khanna, Additional Districut Judge in making the above remarks about the physical conditions and functioning of Sh.S.C.Mittal, Additional District Judge, are highly improper and uncalled for.
137. A copy of this judgment be placed before the Inspecting Judges of Sh.V.K.Khanna, Additional District Judge, for taking appropriate action, against Sh.V.K.Khanna, Additional District Judge for his improper conduct, in making comments against his successor, which are against the judicial ethics and discipline.

Jiten Bhalla Vs Gaytri Bajaj on 08 Sep 2008

Citations : [2008 AD DEL 9 618], [2008 DRJ 106 651], [2008 DMC 2 503], [2008 SCC ONLINE DEL 1032]

Other Sources :

https://indiankanoon.org/doc/143547006/

https://www.casemine.com/judgement/in/56090c6de4b01497111771c8

https://www.legitquest.com/case/shri-jiten-bhalla-son-of-shri-rk-bhalla-v-ms-gaytri-bajaj-daughter-of-shri-anil/75C31


A challenge to this Order was dismissed at Supreme Court here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Child Custody Given to Father Consent For MCD Disputed HM Act 13 - Divorce Granted to Husband HM Act 13(B) - MCD Granted After Settlement Jiten Bhalla Vs Gaytri Bajaj Judicial Ethics and Conduct of Judicial Officers Judiciary Antics | Leave a comment

Yashita Sahu Vs State of Rajasthan on 20 January 2020

Posted on April 30, 2020 by ShadesOfKnife

Father given custody of minor girl-child.

Yashita Sahu Vs State of Rajasthan on 20 January 2020

Citations: AIR 2020 SC 577

Other Source links:

https://indiankanoon.org/doc/144083733/

https://www.casemine.com/judgement/in/5e2585f53321bc6def498ecc

https://www.reddyandreddy.org/parent-who-is-denied-custody-still-has-the-right-to-talk-to-the-child-everyday/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Child Custody Given to Father Writ of Habeas Corpus Yashita Sahu Vs State of Rajasthan | Leave a comment

Preetam A Eklaspur Vs Vanishree on 08 January, 2019

Posted on January 16, 2019 by ShadesOfKnife

Hon’ble High Court of Karnataka held that needs and aspirations of Children are to be taken into consideration while deciding custody of the child. Custody given to father as the child wants to stay in India and live with her father.

Preetam A Eklaspur Vs Vanishree on 08 January, 2019

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Posted in High Court of Karnataka Judgment or Order or Notification | Tagged Child Custody Given to Father Preetam A Eklaspur Vs Vanishree | Leave a comment

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