Caveat India

Important Judgments related to Child Custody and Visitation rights

Important Judgments related to Child Custody and Visitation rights in India.  For more information kindly visit Best child custody lawyers

Supreme Court judgments on Child Custody/Visitation rights

  • Amyra Dwivedi (minor), through her mother Vs. Abhinav Dwivedi, as reported in 2020 0 Supreme (SC) 814. (2)
  • Sheoli Hati Vs. Somnath Das, as reported in (2019) 7 SCC 490
  • Vivek Singh Vs. Romani Singh, as reported in (2017) 3 SCC 231
  • Phrity Dolikuka Vs. Hoshiam Dolikuka, as reported in 1982 0 Supreme (SC) 137

Delhi High Court Judgments on Child Custody and Visitation rights

Israt Jahan Tabassum Vs. Union of India [ WP(Crl.)3062/2006 and Crl. MAs – 14690/2006 & 924/2008].
– Date of Judgment- 07.03.2008

Telengana High Court Judgments on Visitation rights

Harsa Tipirneni Vs. Pooja Tipirneni, reported in 2021 (1) ALD 608

Prateek Gupta v. Shilpi Gupta8 , wherein the Apex Court based the considerations on the fact that child removed by father, from United States (U.S.) to India, had already spent two and a half years in India and relocation back to United States would be unfavourable to his well-being as the child was in formative years and had adjusted to the environment. The United States court in this case had issued an order for return of child and custody being handed over to the mother. But the Hon’ble Supreme Court stated that such foreign orders and principle of comity and close contact can be ignored for the larger good i.e. the welfare of the child being of paramount consideration

Foreign Orders ignored  while considering welfare of the child

The Hon’ble Supreme Court inPrateek Gupta Vs. Shilpi Gupta decided on December 6, 2017 has categorically stated that foreign orders can be ignored keeping in view the best interest of the children . When the children have already adjusted to the environment .

Conclusion on Important Judgments related to Child Custody and Visitation rights

The above are mostly related to visitation rights of child/children in child custody cases. Hon’ble Apex Court in several decisions as Parental Alienation Syndrome (PAS). Also visit Child Custody in Delhi and Kolkata

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