In child custody battle, Supreme Court allows father to meet son at temple, ashram
The Court allowed the man to take his son to the Amritapuri Ashram of Sri Mata Amritanandamayi Devi and the Padanayarkulangara Temple in Kerala’s Kollam. The Supreme Court recently allowed a father in a custody battle to meet his son at an ashram and a temple in Kerala. A bench of Justices AS Bopanna and PS Narasimha had on October 3 allowed the father to meet his child at a mall, while modifying a family court directive that allowed him to meet his son at Court premises. On October 31, the Court modified its October 3 order and allowed the man to take his son to the Amritapuri Ashram of Sri Mata Amritanandamayi Devi and the Padanayarkulangara Temple in Kerala’s Kollam. As allowed earlier, the father can also meet the child at the mall in Kollam. Such an interim arrangement will continue till the family court disposes of the child custody case, the top…
Supreme Court to decide whether transgender woman can claim maintenance under Domestic Violence Act
The Court was hearing an appeal against a Bombay High Court judgment which held that a person who has exercised the right to self-identify as a woman is considered an ‘aggrieved person’ under Section 2(a) of the Act. The Supreme Court of India will decide in January 2025 whether a transgender woman can claim maintenance under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The Court was hearing an appeal moved by a man against a Bombay High Court judgment which held that a person who has exercised the right to self-identify as a woman is considered an ‘aggrieved person’ under Section 2(a) of the Act. A Bench of Justice Vikram Nath and Justice Rajesh Bindal granted leave and listed the matter for January 2025. The top court also sought responses from the concerned parties. The Bombay High Court had in March this year dismissed the man’s petition challenging the applicability of the…
POCSO Act not meant to criminalise consensual romantic relationships between adolescents: Allahabad High Court
“POCSO was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays more often than not it has become a tool for their exploitation, ” the Court added. The Protection of Children from Sexual Offences Act (POCSO Act) was never meant to treat consensual romantic connections between teenagers as criminal offences, the Allahabad High Court recently observed [Mrigraj Gautam v State]. Justice Krishan Pahal further said that though the Act is aimed at safeguarding children from sexual abuse, it is being misused these days to exploit children. “POCSO was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays more often than not it has become a tool for their exploitation. The Act was never meant to criminalise consensual romantic relationships between adolescents,” the Court’s October 26 order stated. The Court added that when bail petitions in POCSO cases come up, courts should examine whether…