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Bengt Ingmar Eriksson Vs. Jamnibai Sukharya Dhangda
Mumbai
Jun-08-1987
Family
(1987)89BOMLR263
June 5, 1980, Mrs. Mrudula Rao, who is employed as a representative by the Family Association for Inter-country Adoption incorporated in Sweden, approached Juvenile Court for permission to ascertain whether any child in the Remand Home could … or is illegitimate without means of subsistance, other than that of charity or has no parent or guardian.... Section 44 prescribes that the Court before which a child is brought under Section 40 shall examine the police officer
Tag this Judgment! AI Brief & AskMississippi Choctaw Indians Vs. Holyfield
US Supreme Court
Apr-03-1989
Land Acquisition
31 the statutory congressional findings demonstrate that Congress perceived the States and their courts as partly responsible for the child separation problem it intended to correct. Thus, it is most improbable that Congress would have intended to make … children were being separated from their families and tribes and were being placed in non-Indian homes through state adoption, foster care, and parental rights termination proceedings, and that this practice caused serious problems for the children, their … the ICWA are its provisions concerning jurisdiction over Indian child custody proceedings. Section 1911 lays out a dual jurisdictional scheme. Section 1911(a) establishes exclusive jurisdiction … (1941). Accordingly, the cases in which we have Page 490 U. S. 44 found that Congress intended a state law definition of a statutory term
Tag this Judgment! AI Brief & AskAdoptive Couple Vs. Baby Girl
US Supreme Court
Jun-25-2013
Land Acquisition
. . . of abusive child welfare practices that [separated] Indian children from their families and tribes through adoption or foster care placement, usually in non-Indian homes,” Mississippi Band of Choctaw Indians v. Holyfield, 490 U. S. … or her present custodians.” Guidelines for State Courts; Indian Child Custody Proceedings, 44 Fed. Reg. 67593 (1979) (emphasis added) (hereinafter Guidelines). Indeed, the Guidelines recognized … showing that serious harm to the Indian child is likely to result from the parent’s “continued custody” of the child, 25 U. S. C. §1912(f); conditions involuntary termination of parental rights with respect to an Indian child on … bars the termination of his parental rights. Pp. 6-14. (a) Section 1912(f) conditions the involuntary termination of parental rights on a heightened showing
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Mathew Varghese Vs. Rosamma Varghese
Kerala
Jul-09-2003
Family
Christian Law
AIR2003Ker312; 2003(4)CTC193; (2004)186CTR(Ker)172; I(2004)DMC148; 2003(3)KLT6
In course of time, the relationship between the husband and wife had got strained. Even the paternity of the child appears to have become the cause of conflict between the parties.4. In the year 1987, Mrs. Rosamma alongwith … 9 and Order 32-A of theCode of Civil Procedure. Sections 41 to 44 of the Indian Divorce Act, 1869 recognize andregulate the right to maintenance. … in Bombay, he is entitled to maintenance out of the joint family property.(3) Section 20 of the Hindu Adoptions and Maintenance Act, 1956, now provides that a Hindu father or mother is bound, during his or her
Tag this Judgment! AI Brief & AskSecretary of State for Work and Pensions (Appellant) Vs. M (Respondent ...
House of Lords
Mar-08-2006
Land Acquisition
the absent parent's income for the purposes of calculating his disposable income." 44. Regulation 11 (made, the Child Support Commissioner observed, under regulation 6(5)) deals … the greater part of each week with their father, her former husband from whom she is divorced. Under the Child Support Act 1991 she, as the non-resident parent, is required to contribute to the costs of maintaining the … the Government's view that some margin of appreciation should be afforded to States in the sensitive area of adoption by homosexuals. … On the other hand, the reference in the present judgment to the 'lack of common … Lordships' decision will not therefore have any prospective effect, and (because of section 28ZC of the 1991 Act as inserted by the Social Security Act
Tag this Judgment! AI Brief & AskSessions Judge Vs. Perumal and anr.
Chennai
Jul-19-1973
Criminal
1974CriLJ261
a case of murder punishable with death has to be tried solely by the Court of Session after the child or young person is committed for trial to that court. But. on a closer reading of Section 20, … established under the Criminal Procedure Code. Section 38-B prohibits the joint trial of an adult and a juvenile. Section 44 empowers the State Government to make rules, Section 4 in particular states:The powers conferred on courts by this … before pronouncing judgment in S. C. No. 112 of 1972. He has adopted this course on the basis of the judement of Maharajan, J., D/-
Tag this Judgment! AI Brief & AskSessions Judge Vs. Perumal and anr. and the Additional Sessions Judge
Chennai
Jul-19-1973
Criminal
(1974)1MLJ105
a case of murder punishable with death has to be tried solely by the Court of Session after the child or young person is committed for trial to that Court. But, on a closer reading of Section 20, … established under the Criminal Procedure Code. Section 38-B prohibits the joint trial of an adult and a juvenile. Section 44 empowers the State Government to make rules. Section 4 in particular states : The powers conferred on Courts … Iudge, before pronouncing judgment in S.C. No. 112 of 1972. He has adopted this course on the basis of the judgment of Maharajan, J., dated
Tag this Judgment! AI Brief & AskGeetanjali Dogra vs.state & Ors
Delhi
Sep-06-2019
Education
placement of the child with fit person for long term or temporary care; (e) foster care orders under section 44; (f) sponsorship orders under section 45; (g) directions to persons or institutions or facilities in whose care the … same enactment provides to the effect:2. (23) "court" means a civil court, which has jurisdiction in matters of adoption and guardianship and may include the District Court, Family Court and City Civil Courts.” 12. The petitioner has
Tag this Judgment! AI Brief & AskThe Destitute Charitable Trust Rep by its Managing Trustee Vs. The Cha ...
Chennai
Aug-11-2016
Education
in the care and custody of the petitioner institution. However it was rejected and now the custody of the child was entrusted to SOS, East Tambaram, Chennai-59. 4. The petitioner also made a complaint stating that since the … children's home, observation home and special home; or a shelter home, specialised adoption agency or after care organisation under sub-section (1) of section 37, sub-section … after care organisation under sub-section (1) of section 37, sub-section (4) of section 41 and clause (a) of section 44 of the Act; 2(n) registered means all institutions or agencies or voluntary organisations providing residential care to children
Tag this Judgment! AI Brief & Askdr.navtej Singh vs.state of Nct & Anr.
Delhi
Mar-06-2018
Land Acquisition
alternative care for such a child.3. Such care could include, inter alia, foster placement, kafalah of Islamic law, adoption or if necessary placement in suitable institutions for the care of children. When considering solutions, due regard shall … on those aspects about which professionally she had no W.P.(CRL) 725/2017 Page 44 of 54 personal knowledge or information. In our view, the credibility of … are provisions in the UCCJEA, which really don‘t apply internationally but it is a frame of reference that the child‘s home state is this state. So for whatever that‘s worth, for the benefit of further actions - x … No.64/2016 on 09.11.2016 before the Family court, Tis Hazari, New Delhi under Sections 7, 9, 11 & 25 of the Guardians and Wards Act, 1980
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