Supreme Court of India

Dhanwanti Joshi v. Madhav Unde

Neutral citation
Reported as [1997] SUPP. 5 S.C.R. 30
Bench S.B. Majmudar and M. Jagannadha Rao JJ.
Decided 4 November 1997

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

10 Supreme Court benches have cited this judgment.

What the Court ordered

For the aforesaid reasons, the contention of the respondent based on violation of the earlier orders of the US Courts or of the Bombay High Court for production of the child, is rejected. c Point 3 : Though we have held that the respondent is not entitled to permanent custody of the child, it is necessary to consider whether the E respondent is to be given temporary custody or visitation rights.

Judgment, page 18

From the headnote

Guardian and Wards Act, 1890: Custody of child-Parents living separately-Child in mother's custody for more than 12 years-Ex-parte order of High Court granting permanent custody to mother-Family Court shifting the custody of child to father­ High Court dismissing the appeal holding that appellant-mother has no case on merit for custody-On appeal, held, superior financial capacity cannot be the sole consideration for change of custody from mother to father-No substantive change in the circumstance justifYing shift over of the custody of child-Respondent-father not entitled lo custody of child­

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