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Showing posts with the label Child Rights

Father Cannot Avoid Maintenance Duty Even if Mother Earns More: Delhi High Court Reaffirms Shared Parental Responsibility

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Case Background — Separation, Abuse Allegations and Maintenance Proceedings The case arose out of matrimonial conflict between a couple married in January 2014, who had three minor children — two daughters and a son. Following allegations of physical, emotional and economic abuse, the wife separated and initiated proceedings under the Protection of Women from Domestic Violence Act, 2005 seeking maintenance for the children. In December 2023, the trial court directed the father to pay ₹30,000 per month as maintenance toward the three minor children until: the domestic violence case concluded, or the children attained majority. The father challenged the order before the Sessions Court, which dismissed his appeal in March 2024. He then approached the Delhi High Court, asserting financial incapacity and inequity in the award. Husband’s Argument — Wife Earns More, Maintenance Burden Should Be Reduced Before the High Court, the husband argued that: his monthly income was only ₹9,000 , his ...

Supreme Court to Examine Validity of Maternity Leave Restriction for Adoptive Mothers under Social Security Code, 2020

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Case Background and Procedural History The Supreme Court has agreed to examine the constitutional validity of Section 60(4) of the Code on Social Security, 2020 , which restricts maternity leave for adoptive mothers only to cases where the adopted child is below three months of age. The case arises from a petition filed by Karnataka-based lawyer Hamsaanandini Nanduri , who challenged the earlier corresponding provision under Section 5(4) of the Maternity Benefit Act, 1961 . The Supreme Court bench comprising Justices JB Pardiwala and KV Viswanathan noted that although judgment in the earlier petition had been reserved on January 29, 2025 , the Union Government subsequently notified the Social Security Code on November 21, 2025 , repealing the 1961 Act while retaining the same restrictive clause in Section 60(4). Recognising that the impugned provision had now been reenacted in the new Code, the Court permitted the petitioner to amend her challenge to include Section 60(4) of the 2020 ...

Justice BV Nagarathna Raises Alarm Over Worsening Sex Ratios: A Call for National Introspection

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Supreme Court Judge Justice BV Nagarathna has voiced serious concern over the declining sex ratio in certain Indian states, warning that female infanticide and foeticide continue to threaten gender balance. Speaking at the National Annual Stakeholders Consultation on “Safeguarding the Girl Child: Towards a Safer and Enabling Environment for Her in India” , organized by the Juvenile Justice Committee (JJC) of the Supreme Court in collaboration with UNICEF India , she emphasized that girls must not only survive but thrive . Girls Deserve Equal Opportunity to Thrive Justice Nagarathna, addressing an audience that included Chief Justice of India BR Gavai , Union Minister for Women and Child Development Annapurna Devi , and other Supreme Court judges, highlighted that true equality is achieved only when girls have equal access to education, healthcare, nutrition, and opportunity . “A young girl in India can only be considered a truly equal citizen when she can freely aspire to ach...

Pune Car Accident Case: High Court Orders Release of Minor from Observation Home

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Pune Car Accident Case: High Court Orders Release of  Minor from Observation Home In a significant ruling, the Bombay High Court on Tuesday directed the immediate release of a 17-year-old boy, who was allegedly involved in the Pune car accident, from the observation home. The minor had been held at the Juvenile Justice Board's observation home for 36 days following the incident.  Overview of the Incident The tragic accident in Pune resulted in the loss of two innocent lives, sparking a public outcry and leading to the juvenile's detention. However, the court ruled that the orders remanding him to the observation home were illegal. The court emphasized the importance of adhering to juvenile justice laws, which prioritize the rehabilitation and social integration of juvenile offenders over punitive measures. High Court's Ruling The division bench of Justices Bharati Dangre and Manjusha Deshpande emphasized that justice must prevail regardless of public pressure or the severit...