Interim child custody guidelines : Landmark judgment by Karnataka High court

 Recent judgment of Hon'ble Karnataka High Court in WRIT PETITION NO.101082/2021 (GM-CPC) on 9th August, 2021, where the following broad guidelines are issued to all family and trial courts in dealing with issue relating to interim custody and visitation rights of minor children for smooth, effective and speedy disposal of such interim custody applications:

a. The separation of the minor from the parent during the pendency of the case is detrimental to the welfare of the child.

b. Notwithstanding allegations made by either party, interim custody applications must be decided on the sole basis of the welfare of the child.

c. There exists no indefeasible right to deny custody of either parent of the minor.

d. Whenever such interim custody applications are filed, the respective family courts must dispose of such cases within a reasonable time period of NOT MORE THAN THIRTY DAYS.

Judgment can be downloaded from: http://karnatakajudiciary.kar.nic.in:8080/repository/rep_judgmentcase.php

N THE HIGH COURT OF KARNATAKA, BENCH AT DHARWAD

JUDGMENT FOR CASE NUMBER WP 101082/2021


Case Number:
Main Case Number:
-
Petitioner Name:
SMT. JYOTI PRIYA D/O S PETER THEN WIFE OF PAUL GOODWIN
Respondent Name:
SHRI. PAUL GOODWIN J S/O M X JAMES PHILIPS
Petitioner Advocate:
SHRIKANT T PATIL
Respondent Advocate:
Judge(s) Name:
S.R. KRISHNA KUMARPresided bySRKKJ
Date of Decision:
2021-08-09
Disposal Nature:
DISMISSED
Appeal:
-
Trial Court:

Reported In:
-
Provision of Law:
Constitution of India - 226,226,
Date Upload:
18/10/2021
Judgment:

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