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first_imgNews UpdatesMP HC Holds Open Court Hearing As Exception, Grants Toddler Boy’s Custody To Mother, Seeing His Fondness For Her [Read Order] Mehal Jain7 July 2020 2:35 AMShare This – xHolding the hearing in open court as an exception, the Madhya Pradesh High Court on Wednesday overruled a subordinate court’s ruling granting custody of a three-year-old to the father, upon observing the boy’s fondness for and attachment to the mother. “Though, this Court is deciding cases through video conferencing only, however, by making an exception, the case was heard in open Court”,…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginHolding the hearing in open court as an exception, the Madhya Pradesh High Court on Wednesday overruled a subordinate court’s ruling granting custody of a three-year-old to the father, upon observing the boy’s fondness for and attachment to the mother. “Though, this Court is deciding cases through video conferencing only, however, by making an exception, the case was heard in open Court”, said the bench of Justice S. C. Sharma, observing that when “the child was permitted to go to his mother”, he “started playing with the mother”. “He was very happy with his mother and this Court really fails to understand as to how an observation has been made that in case the child goes with the mother, it will affect the child emotionally and mentally. He is a minor child of very tender age and he is happy with his mother”, opined the Single Judge. The present Writ Petition arose out of the order dated 06.01.2020 passed by the Principal Judge, Mandsaur, by which, the Presiding Officer in a case under the Hindu Minority & Guardianship Act, 1956, while considering the application under Section 12 of the Act, has granted the custody of the minor child to his father. The High Court was moved on 14.01.2020. Notices were issued in the matter, however, on account of lockdown, the matter was not heard. Finally, the matter was taken up through video conferencing on 25.06.2020 and this Court has directed the father to keep the child present. In the order delivered on Monday, the Single Bench recorded that the order dated 06.01.2020 passed by the Principal Judge reveals that for the last six months, the child was residing with his father, grandfather and grandmother and after discussing various judgments of the Supreme Court, the Presiding Officer has observed that at this stage if the child is separated from his father, it might adversely affect the mental status of the child. “Except for making such casual observations, no details have been looked into, especially the statutory provision as contained under Section 6 of the Hindu Minority & Guardianship Act, 1956”, noted the Single Judge. Justice Sharma proceeded to iterate that while “it is true that welfare of the child is of paramount importance keeping in view Section 17 (2) of the Guardian & Ward Act, 1890”, however, “the Court is bound to take a decision after taking into account the age, sex, religion and other factors also”. In the present case, the Court appreciated that it is dealing with the custody of a minor child, where the wife is also from a well off family, she is able to maintain herself and “it is nobody’s case that the wife doesn’t have the income to look after the child”. “As the child is happy with the mother, keeping in view the statutory provisions governing the field, the mother is granted the custody of the child”, directed the High Court. Miscellaneous Petition No.274/2020 Smt. Sonu Bhati v/s Suraj BhatiClick Here To Download Order[Read Order]Next Storylast_img read more


first_img Presidential Spokesperson Salvador Panelo made the statement in reaction to the Sept. 27 to 30 survey conducted by the Social Weather Stations (SWS). MANILA – The survey results showing fewer victims of common crimes in the last six months only shows that the Duterte administration’s war on drugs “is working effectively,” Malacañang said. The SWS survey showed that 5.6 percent or 1.4 million Filipino families reported being victimized by common crimes in the past six months. “The survey was a clear repudiation of the disinformation being peddled by the opposition against the government’s fight against crimes and drugs,” the Palace spokesperson claimed. The latest figure is lower than the 7 percent or 1.7 million families who were victimized by any common crimes in June.center_img “The September crime victimization survey validates government data that the campaign against illegal drugs and criminality, a centerpiece program of the Administration, is working effectively and efficiently with the results being significant, palpable, and meaningful,” Panelo said. Philippine scene of the crime operatives tend to the body of a slain drug suspect. The Supreme Court has ordered the government to produce hand over records of thousands of deadly encounters in its war on drugs. AP “It does not therefore take a rocket scientist to understand that the Chief Executive’s performance, satisfaction, approval and trust ratings remain at the stratospheric level at the midpoint of his presidency,” added Panelo./PNlast_img read more

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