Topic

Welfare of the Child

3 articlesLatest July 2026
Muslim Personal Law | Child's Welfare Overrides Natural Father's Presumptive Custody Right: Bombay HC Aurangabad
Case Law Analysis
|Bombay High Court

Muslim Personal Law | Child's Welfare Overrides Natural Father's Presumptive Custody Right: Bombay HC Aurangabad

The Bombay High Court Aurangabad Bench ruled that under Muslim personal law, a father's natural guardian status cannot automatically override the child's welfare in custody disputes. The court emphasized direct judicial interaction with the child and the stability provided by the maternal uncle's care as decisive factors, setting a precedent for rejecting gendered presumptions in guardianship cases.

Child Maintenance Quantum | Parental Income and Cost of Living Justify Amount Without Itemized Bills; Both Parents Liable, Primary Care Burden Factored : Kerala HC
Case Law Analysis
|Kerala High Court

Child Maintenance Quantum | Parental Income and Cost of Living Justify Amount Without Itemized Bills; Both Parents Liable, Primary Care Burden Factored : Kerala HC

The Kerala High Court upheld a Rs.15,000/month child maintenance order, ruling that parental income, cost of living, and the child’s welfare justify the quantum without requiring itemized expense proofs. While both parents share liability, the court recognized the primary caregiver’s disproportionate burden as a legitimate factor in fixation - setting a clearer standard for family courts across India.

Habeas Corpus Inapplicable in Child Custody Disputes Requiring Welfare Enquiry Under Guardians and Wards Act : Allahabad HC
|Allahabad High Court

Habeas Corpus Inapplicable in Child Custody Disputes Requiring Welfare Enquiry Under Guardians and Wards Act : Allahabad HC

Allahabad High Court rules that habeas corpus petitions cannot bypass Family Court proceedings in child custody disputes where welfare assessment demands a detailed factual enquiry. The court emphasized that custody decisions must consider financial, social, and educational factors under the Guardians and Wards Act, making summary writ remedies inappropriate.