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Intellectual Property: Registration and Effects
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:34:46
by: Adv. Kishan Dutt Kalaskar 2023-03-30 16:20:33
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:47:16
by: Adv. Kishan Dutt Kalaskar 2023-02-28 18:10:41
by: Adv. Kishan Dutt Kalaskar 2023-02-03 22:32:13
by: Admin 2023-02-01 16:45:35
Intellectual Property: Registration and Effects
Clearance to get a Passport and Visa during the pendency of Criminal Cases
Summary of the Payment and Settlement System Act, 2007
Procedure to track court cases online
Key Features of Union Budget 2023
Top 10 reasons to hire a Civil Lawyer
5 Benefits Of Hiring A Business Lawyer When Starting Your Company
Top 5 Reasons Why You Should Consult A Banking Lawyer
10 Things to Consider Before Hiring an Accident Lawyer
Payment Recovery Process
Analyzing legal and security issues in cyber contracts (E - contracts)
Discharging and Quashing in Criminal Cases
Legal compliances for online shopping sites in India
How to select a Lawyer
Supreme Court Judgments 2022
Maternity Benefit Act 1961, at a Glance
Modes of Recording Accepted by Court
Essential elements of a sale under the Transfer of Property Act
Compensation in Motor Vehicle Accident Cases
Is it important to respond to a summon?
Analysis of Section 18 of Limitation Act, 1963
Fresh period of Limitation
The breakdown of the doctrine of Res-Judicat
Impact Of Supreme Court Ruling
Analysis of Employees Provident Fund and Miscellaneous Provisions Act
How is 'BLACK MAGIC' governed in India
Different Identities of an NDA
Breaking down the requirements of becoming a Public Prosecutor in India.
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Kavita Kanwar Vs. Mrs Pamela Mehta & Ors
Entry into Judiciary: Minimum required Qualifications
Law of Retrenchment
Grounds for refusal of a Trademark Application
Early disposal of pending cases by the High Court
Parminder Kaur V/s State of Punjab
Central Bank of India V/s M/S Maruti Acetylene Co. Ltd.
Goan Real Estate and Construction Ltd. And Anr. V/s Union of India
Raj Kumar V/s Ajay Kumar
Synopsis of the Special Marriage Act in India
Lok Adalat has no jurisdiction to decide a matter on Merits
Significance of a Police Clearance Certificate in a pending Accident Case
Understanding the Digital Rupee
Eligibility of Teachers for Gratuity under the Payment of Gratuity Act, 1972
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Leo Francis Xaviour V/s The Principal, Karunya Institute
Nazir Mohamed V/s J. Kamala and Ors.
Addissery Raghavan V/s Cheruvalath Krishnadasan
Himalaya House Co. Ltd. Bombay V/s Chief Controlling Revenue
K. Sivaram V/s P. Satishkmar
Basir Ahmed Sisodia V/s The Income Tax Officer
Burden of Proof
Interest for delayed Payment under Payment of Gratuity Act, 1972 - Need for Change?
How to file a complaint in regards to violation of Cyber Laws
Delayed Justice from Consumer Courts
Can a registered Will be challenged in the Indian Court?
Trademark Infringement - Triple identity test in Trademark
Blockchain Technology in India – II
Manish V/s Nidhi Kakkar
Withdrawal of Mutual Divorce Proceedings
Blockchain Technology in India - I
Unnatural Offences
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MSME Debt Recovery Provisions
Neelam Gupta Vs Mahipal Sharan Gupta
Analysis of Section 11A of Industrial Dispute Act, 1947.
Time Limits & Procedure to approach HC in Civil Cases
The necessity of Gender-Neutral laws in India
Sou. Sandhya Manoj Wankhade V/s Manoj Bhimrao Wankhade
Plea of Adjustment
Filing of Complaints against biased Judges
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Zee Entertainment Enterprise Ltd. V/s Suresh Production
Chief Administrator of Huda &Anr. v/s Shakuntala Devi
Permanent Child Custody
Dilution of the statutory protection available to MSMEs
Validity of an Unregistered Sale Agreement
Ambalal Sarabhai Enterprise v/s Ks Infraspace LLP
False and misleading advertisements in India
National Legal Service Authority v/s Union of India and Others
Recovery Procedure in Cheque Bounce Cases
Roxann Sharma V/s Arun Sharma
Ganesh Santa Ram Sirur V/s State Bank of India &Anr.
Recovery Procedure of Consumer Court Cases
Bank Guarantee
M/s M.M.T.C Ltd. & Anr v/s M/s Medchl Chemical & Pharma P
Shailendra Swarup V/s Enforcement Directorate, The Deputy
SunitaTokas v/s New India Insurance Ltd.
Can couples get separated without a divorce?
Scope of Arbitration in India
Appointment of Arbitrators
NRIs right to purchase Property in India
Decriminalization of Dishonour of Cheques: a measure contradictory to its purpose
Paternity leave in India
Regulation of Cryptocurrency in India
How can litigants list their cases online?
Validity of Narco-Analysis in India
Remedies against frivolous cases registered against students by the Police
Procedures involved in a Criminal Trial
Procedured Involved in a Family Court Case
Death Certificate of a missing Person
Accountability of Police
Highlight of important Dishonour of Cheque case laws in 2020
Guidelines to be followed by Registered Medical Practitioners to dispense medicines
Land Mark Judgements on Family Law for the Year 2020
Remedies against harassment by Recovery Agents
Abetment to Suicide
Overview of the Vehicle Scrappage Policy
Rights of husbands in dowry and cruelty-based complaints
Admissibility of E-evidence; Are WhatsApp chats and E-mails admissible in Court?
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Director of Income Tax II (International Taxation) V/s M/s Samsung Heavy Industries Co. Ltd.
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Constitutionality of Bandhs
State of Himachal Pradesh V/s A parent of a student of a Medical College & Ors.
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Judgment: Indian Bank V/s Abs Marine Product Pvt. Ltd.
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Employment Contract
Police Clearance Certificate
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Types of Stamp Paper
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Division of Assets
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Garden Leave
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Key changes to Indian Tax Regulations
Employees Provident Fund
Status of Triple Talaq
Contract Farming & the new ordinances that affect the Farmers
Documents required for filing a Divorce
Section 138, 141 and 142 of the Negotiable Instrument Act 1881
Validity and Enforceability of Click-wrap Agreements
Child Custody under Christian and Parsi Law
Hindu Succession Act
Oppression and Mismanagement
Fraudulent and Invalid Contracts
Developments in Reserve Bank of India
Loan Frauds in India
Penalties associated with Driving
Laws governing a Knife
Medical Negligence and its Compensation
Interim Maintenance under the Domestic Violence Act
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Tougher rules for the E-Commerce Industry
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Illegal Termination of an Employee during Covid-19.
Child Labour Laws in times of Covid-19
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Rent deference during the Pandemic
Post Covid-19 digital shift of legal practise
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Void and Voidable Contracts
The Negotiable Instrument Act 1881
Cheque Bounce Notice
Types of Dishonour of Cheques
Intestate Succession
The Stand of Essential Commodities
Trademark Cease and Desist Notice
IT Department Notice
Eviction of a Tenant
Consumer Complaint Legal Notice
Medical Adherence to Environmental Laws
Basic Elements of Transfer of Property Act, 1882
Debt Recovery Notice
Cheque Bounce Notice
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Consequences of using a Fake Degree/Certificate
Healthcare Security
Rights of Doctors with respect to Medical Negligence
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The Special Marriage Act, 1954
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Child Labour
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Transfer of Property Act
Personal Injury Lawyers
Marriage Registration under the Special Marriage Act
Rights of Tenant
Classification of various Collar Jobs
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Illegal Immigrants
Role of lawyers in Corporate Finance
Intestate Succession
Employment of White Collar Employment of White Collar
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Power of Attorney
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Noting And Protest
Hostile Witness
Unfair Trade Practice
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Personal Data Protection Bill, 2019
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Consumer dispute Redressal Forum in dealing with Medical Negligence
Validity of Notices.
Response to a Legal Notice
Promotion of Medical Products.
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Demerger
Legal framework for the Elimination of violence against Women in India
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Inheritance Law in India
Rights of Children in India
Virtual Clinic
New Medical Technologies in India
Land Records & Titles
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Intellectual Property in Medicine
Consumer Protection Bill, 2019
Artificial Intelligence in healthcare
The Real Estate (Regulation & Development) Act
Warrant and its Types
Joint Custody of Child in India
Limited Liability Partnership (LLP)
Penal Provision on Rash and Negligent Driving
National Company Law Tribunal
Rules to be followed by the Ganpati Mandals
Need to amend CrPC and IPC to increase the conviction rate.
Motor Vehicle Amendment Act, 2019
The Growth of technology Patents in India
Citizenship under the Indian Constitution
Basic Structure of the Indian Constitution
A comparative study of the Indian, UK and the US Constitution
Can the Indian Constitution be Amended?
Overview of the Indian Constitution
All you need to know: Drafting a Legal Notice
Surrogacy (Regulation) Bill, 2019
Overview of The Indian Penal Code
Offences and Prosecution under the Income Tax Act, 1961
The abolishment of Article 370 of the Constitution: One Nation One Flag
Intervention of SC in the Unnao Rape Case
Case of abandoned NRI brides, Supreme Court issues notice to the State
Financial Risk Management
Know more about Equal Remuneration Act, 1976
Procedure to File Complain against Domestic Violence
The IndiGo Promotors Feud
Rajya Sabha passes the Triple Talaq Bill
Gift Deed
More about Contested Divorce
Things to be kept in mind - Dishonor of Cheque
Prison Reforms in India
Consumer Protection ACT, 1986
More about Joint Venture
Delay of Condonation
Points to be Noted for Child Custody to Father
Basic information of Companies
Plastic Money and their Advantage & Disadvantages
Motor Accident Claim Tribunal
Guidelines to protect doctors from frivolous and unjust prosecution
Unjust Compensation - A Doctors Perspective
Misdiagnosis: A Medical Negligence?
Exemption of doctors operating in Emergency Rooms
General Types of Medico-Legal Cases (MLC)
Duty of patient to avoid aiding Medical Negligence
Rights of the Patient
Steps to be taken to avoid Medical Negligence
Liability of Medical Negligence under Consumer Protection Act
Laws that affect Medical Professionals in India
Defense against Medical Negligence Cases
Duties of Doctors
Common types of Medical Negligence
Medical Consent for treatment in India
Regulation for E - Pharmacy in India
Types of Consent for Medical Treatment
Guidelines for Autopsy/ Postmortem in India
Guidelines for the prescription of medicines
Procedure to start a Pharmacy Store in India
India Vs Pakistan: Kulbhushan Jadhav's Case
Contempt of Court
Juvenile Justice Act, 2000
Bankruptcy & Insolvency in India
The Maternity Benefit Act, 1961
Guardian and Ward Act In India
Medical Negligence in India
Procedure to be followed in Civil Recovery Proceedings
Rights of Consumers
Mandatory Registration of Documents and procedure
Rafale Deal And All About The Controversy
By: Admin
Date:04 August 2021
Child Custody
Comments:0
Views:1249
Likes:0Facts of the Case
The appeal has been filed before the Honorable Supreme Court pursuing to the order passed by the High Court of Bombay dismissing the custody of the child to the appellant in the matter.
The Appellant and the respondent got married in the State of California in the United States of America and pursuing to the wedlock they had a kid whose name mentioned herein is Thalbir Sharma. The couple, after quite a few times there, returned to India and were residing in the city of Mumbai. There were instances of difference between husband and wife due to which there was a petition filed under the law for dissolution of marriage. They also filed a petition under the Hindu Minority and Guardianship Act, 1986 for receiving the custody of the only child they had. The mother had the custody of the child while the proceeding of the court was ongoing and she also filed a petition before the court pleading for interim relief to pass and restraining order against her husband for curbing the visitation rights towards their son.
Responding to the plea of the appellant respondent also filed for the grant of the custody of the minor. The then petitioner received the order of interim relief sought for against the then petitioner. Following the issues raises both the counsel appointed by both the party in Trial court the issue was ruled out in mother’s favour, but after the appeal been filed by the father in the High Court, the decision was dismissed and ruled in favour of the father granting him the custody of the child. It was also added that the mother of the child has a psychological bipolar disease, and the petition also mentioned that the father of the child was an alcoholic and was jobless.
Issues of the Case
1. Whether the order restraining the father from the child by the Trial Court valid?
2. Who is an appropriate person to be granted custody of the child?
Judgment
The Honorable Supreme Court in its observation states that in the above case it is important for the court to restrict its interpretation of the law in the aspects related to transfer or ascertaining the custody of the infants involved in the matter. The Honorable Supreme Court should before forming an opinion should resolve the issues related to custody by due consideration to the minor and he’s welfare, in the matter of matrimonial dissolution it is important to see whether there any way to resolve the issue with counselling and other dispute resolution method especially when there is the child who is suffering from a disease. The welfare of any child is of paramount importance to the court in any dispute arising out of divorce. The Honorable Court states that it is very important for every kid age five years old to with the mother in order for proper upbringing of such kid unless it by evidence to provide that such person (mother) of the kid is a harmful person and inappropriate for the child’ custody.
It is said that the word ‘ordinarily’ does have to understand in the narrower sense, but the interpretation has to be assumed in favour of the mother. In the above case, the court can clearly observe that there was no proof to be recorded by the court to back the theory presented about the mother’s bipolar disease, also the court clearly perceives the welfare objective of the kid, and he seems comfortable in the custody of the mother who is the appellant and a qualified degree holder of Master in Arts from the University of Howard and currently a professor in the state of California. The Court further also rightly states that it was the considerable fact that the mother of the infant child herein is an educated mother and has a degree, the facts also stated that the mother of the child has a job as the professor and such job accrues a sum of amount as salary every month that will be vital in taking good care of the child.
It was in the court’s observation proved that the father of the son, herein the respondent, was at the time, jobless and was also an alcoholic. The Narcotic and Rehabilitation centre confirms the father was a member of the rehab centre being a drug addict. The Court further held that both the parties to the dispute should submit their passport to the court until a further order issued. The appellant will be allowed to stay for a further unaccounted period in the State of Goa. The Court, while the hearing continues, allowed the mother of the child for temporary visitation right as directed and agreed mutually. It will also be advisable that a social worker should be appointed, as stated by the Maharashtra State Legal Service Authority. The court had the advantage for receipt of such report with the diligent effort which further concludes the initial reluctance showed by her son name (Thalbir) towards her approach and which later was receded very quickly as understood by the natural love and affection and motherly approach, the reluctance might have been due to various result, but under no doubt, such can be the action that should be termed suspicious by the court.
The Court further advised and directed Mrs Deepali Ajay Satpute to be involved with the matter with the appellant and responded and help, guide and record their daily activities between them and their son. Mrs Satpute, further in her report, mentioned the threats involved from the respondent (Arun Sharma) and pleaded to take action against the matter. The court on the report submitted by Mrs Deepali Satpute prohibited and restricted the movement of Arun Sharma, directly and indirectly, to contact the appellant by anyone, including the family member of the respondent. The court allowing the appeal of the respondent (mother) decided the custody of the child in favour of the mother and disposed of all the appeal therein.
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