#best interests of the child

Karnataka High Court rules that habeas corpus petitions cannot bypass Family Court jurisdiction in child custody disputes, emphasizing that custody decisions must be adjudicated under the Guardians and Wards Act. The court directed a sealed NIMHANS report for judicial evaluation, reinforcing that the child's best interests remain paramount in such proceedings.

Madras High Court rules that a mother with legal custody of a minor can obtain passport re-issuance without the non-custodial father’s consent, reinforcing the welfare principle under the Guardians and Wards Act. The decision clarifies that procedural requirements must yield to the child’s best interests, especially where no court order restricts travel.

Madras High Court rules that while Section 6 of the Hindu Minority and Guardianship Act, 1956 presumes a mother’s custody right for children under five, this presumption is rebuttable if the child’s welfare is better served with the father. The court dismissed a habeas corpus petition, emphasizing that the child’s settled environment with the father outweighed the statutory presumption.

The Karnataka High Court ruled that a custodial parent may renew a minor's passport without the non-responsive parent's consent when denial would block the child's participation in an international sporting event. The judgment affirms that procedural rigidity must yield to the child's welfare under Article 21, setting a precedent for minors in competitive sports facing bureaucratic delays due to absent or uncooperative parents.

Kerala High Court holds that child custody decisions must prioritize the child's welfare over prior arrangements, even when parents have changed circumstances.