Beyond Borders & Adulthood: Navigating Custody, Care, and Jurisdiction for Special Needs Adults The recent Supreme Court case concerning the guardianship of Aadith Ramadorai presents a profound legal, ethical, and human narrative that transcends conventional custody disputes. This matter, which reached India’s highest court as Sharmila Velamur vs. V. Sanjay & Others, is not merely about…

Habeas Corpus in Child Custody Disputes: When It Applies and the Paramount Role of Child Welfare Child custody battles can become intense when one party believes the child is being wrongfully detained. In such situations, the ancient writ of habeas corpus—literally meaning “produce the body”—offers a powerful constitutional remedy under Article 226 of the Indian…

Visitation Rights and Parental Contact: The Court’s Approach to Healthy Child Development In child custody disputes, the primary focus often centers on who will have physical custody. However, recent judicial rulings emphasize a crucial, sometimes overlooked aspect: the child’s fundamental right to maintain a healthy relationship with both parents. This article explores how Indian courts approach…

Navigating Child Custody Jurisdiction: The “Ordinary Residence” Test In the complex landscape of NRI family disputes, determining which court has jurisdiction over child custody matters becomes a critical first battle. The concept of “ordinary residence” often serves as the cornerstone of jurisdictional decisions under Indian law. This article examines the legal test established by Indian…

Habeas Corpus and Child Custody: Protecting the “Parens Patriae” Rights of the Minor In matrimonial and guardianship disputes, the Writ of Habeas Corpus is often misunderstood as a purely criminal remedy. However, under Article 226 of the Constitution of India, it serves as a powerful “extraordinary remedy” for the restoration of child custody when a…

Habeas Corpus in Child Custody Matters Child custody disputes often arise in emotionally difficult and legally complex circumstances—especially when a child is retained by relatives or a person who has no legal authority to do so. Indian law provides an extraordinary but effective remedy in such situations through the writ of habeas corpus under Article…

Child Custody, Visitation Rights & Parental Contact In child custody disputes, courts are often required to strike a delicate balance between: The rights of parents, and The emotional, psychological, and developmental needs of the child. Indian courts have repeatedly emphasised that custody of a child with one parent should not result in emotional alienation from…

Child Custody & Visitation Rights in India Balancing Parental Contact under Article 226 and the Guardians and Wards Act, 1890 Introduction Child custody disputes are among the most sensitive matters in family law. While custody may be granted to one parent, courts emphasize that the child must not be deprived of the love, care, and…

Importance of Visitation Rights in Custody Orders in NRIs Indian courts strongly emphasize that child custody orders should never completely sever the bond between a child and the non-custodial parent. Even in contentious NRI or domestic disputes, visitation rights and parental contact are considered essential for the child’s emotional growth and personality development. Visitation Rights…

Visitation Rights in International Custody Disputes In the heat of a legal battle over child custody, parents often lose sight of the most vital element: the child’s emotional and psychological development. At Legal Light Consulting (LLC), we advocate for the principle that a child is not a “prize” to be won, but a person who…