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Judgments Where Father Wins Child Custody

Landmark judgement in which father wins child custody

Mridangra J. Hira Lal Suchak V. Neena M Suchak

Civil Appeal No 69 of 1980, Supreme Court reported in 1 (1983) D.M.C. page 360. In this case, father was given custody of child mother gets visitation.

Ms. Kala Aggarwal V Suraj Prakash Aggarwal & ORS.

Crl. Writ No 248 of 1991, Delhi High Court reported in 2 (1992) D.M.C. page 67. Father was given custody in spite of that he was bringing the kid from the USA and keeping in India.

Sanju V. Sobhanath

Habeas Corpus Writ Pet No 21335 of 1994, Allahabad High Court reported in 2 (1994 ) D.M.C page 616. Father was given child custody because he has the better financial condition than the mother.

Shaleen Kabra vs. Shiwani Kabra 

CIVIL APPEAL NO. 4308 OF 2012,(Arising out of Special Leave Petition (C) No. 13254 of 2011). The custody of both the children given to the appellant-father and the arrangements with respect to visiting the children etc. shall take effect. The respondent-mother shall do the needful to send the younger son to the residence of the appellant father.

Smt. Rama V. Anil Kumar Joshi

The first Appeal from Order No 1142 of 1999, Punjab & Haryana High Court reported in 1 (2001) D.M.C page 264. Father was given guardianship and claim of wife dismissed that she is better financially.

Ram Murti Chopra and Anr. Versus Nagesh Tyagi

Date of Order: 25th September 2008, CM(M) No. 752/2000 25.09.2008

The court directed that during Dusshera holidays and winter vacations, the custody of the child will be given to the father for a period of one week each spell of holidays and during summer vacations the custody of the child be given to father for a period of one month. The father will continue to bear the education expenses etc. as he already had been doing.

Lekh Raj Kukreja V. Raymon

Civil Revision No 121 and 136 of 1989, Delhi High Court reported in 2 (1989) D.M.C page 75.Child custody given to Father despite mother told the point that if she is given custody boy would be with siblings.

Guardianship and Custody – Case Laws

• Githa Hariharan v. Reserve Bank of India – AIR 1999 SC 1149
• Vandhana Shiva v. J. Bandhopadhyaya – (1999) 2 SCC 228
• Rajesh K. Gupta v. Ram Gopal Agarwala – AIR 2005 SC 2426
• Thirty Hoshi Dolikuka v. Hoshiam Shavaksha Dholikuka – AIR 1982 SC 1276
• Surabhi Ravi Kumar Minawala v. State of Gujrat – AIR 2005 Guj 149
• Keshav Ganpatrao Medav v. Damodar Udaramji Kandrikar – AIR 2005 Bom 118
• Margyaret v. Chacko – AIR 1971 Ker 1
• Sarita Sharma v. Sushil Sharma – (2000) 3 SCC 14
• Elizabeth Dinshaw v. Arvand M Dinshaw – AIR 1987 SC 3
• Jai Prakash Khadriya v. Shyam Sunder Agarwala – AIR 2000 SC 2127
• Sarabjit v. Piara Lal – AIR 2005 P&H 237
• Amal Saha v. Basana Saha – AIR 1998 Gau 22
• Akash v. State of Andhra Pradesh – AIR 2000 AP 261
• Wazid Ali v. Rehana Anjum – AIR 2005 MP 141
• Poolakkal Ayisakutty v.  Parat Abdul Samad – AIR 2005 Ker 68
• Irfan Ahmad Shaikh v. Mumtaz – AIR 1999 Bom 25

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