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“Marriage is not the sole mode to found a family. The concept of “chosen family” is now well-settled and acknowledged in LGBTQIA+ jurisprudence. The Supreme Court may not have may not have legalised marriage between same sex couples; they can very well form a family”.
The Court noted that the mother, who ordinarily resides in Australia, merely responded to the distress call of her child who was left with the house help by his father while he was on a business trip.
“In a democratic country, protestors can protest but they cannot disturb the protocol of Prime Minister and Vice President;” State argued.
“Jagjit Singh is said to be free to go home after seeking discharge from the hospital. In such circumstances, it cannot be said that he is in illegal confinement of the State. However, the State is directed to ensure that there should be no hindrance if the family members, friends, relatives, or any other person wish to see him in the hospital.”
“There is no fundamental right of a person to have a live-in relationship with a woman legally married to another man and, more particularly, when the woman appears to be his own sister.”
A quick legal roundup to cover important stories from all High Courts this week.
The Court stated that the writ of habeas corpus was the most powerful safeguard against arbitrary acts of the executive, or even of private individuals, transgressing personal liberty.
“It is the duty of the Court to reach the truth of the matter and such exercise may demand putting forward certain questions and suggestions which may be uncomfortable to some.”
A quick legal roundup to cover important stories from all High Courts this week.
“Cases of missing persons are to be registered under the regular provisions of the Penal Code and the Police officials concerned are bound to investigate the same in the manner prescribed under the Code of Criminal Procedure.”
A quick legal roundup to cover important stories from all High Courts this week.
Civil Procedure Code, 1908 — S. 20 — Civil suit — Maintainability — Issue of territorial jurisdiction — Adjudication of, as preliminary issue
The matter revolves around a habeas corpus petition filed in the Madras High Court by a father who alleged that Isha Foundation is engaging in manipulative practices, effectively brainwashing individuals and making them monks.
Supreme Court said that this is not a case where custody of the child can be disturbed in a petition under Article 226 of the Constitution of India.
It is crucial to reaffirm that an adult woman, like any other citizen, possesses the right to be treated as an independent and autonomous individual, free from coercion and undue influence.
Since there was no order passed by any court for handing over the custody of the child to the father, so custody of the minor child at this tender age by the father cannot be considered as legal.
Kerala High Court noted that the woman is well-employed at NATPAC, Thiruvananthapuram, and is about 27 years old
Madras High Court closed the Habeas Corpus Petition with a liberty to the petitioner to visit her minor child at the house of the respondent 5, once a week
“The writ of habeas corpus is a prerogative writ, an extraordinary remedy, evolved under the common law and incorporated in our constitutional law, having the objective to protect and safeguard individual liberty.”
The writ of habeas corpus is a prerogative writ and an extraordinary remedy. It is a writ of right and not a writ of course and may be granted only on reasonable grounds or probable cause being shown.