Child Custody Case: High Court of Jammu & Kashmir and Ladakh Supports Mother's Right to Custody Despite Financial Disparity In a recent landmark judgment, the High Court of Jammu & Kashmir and Ladakh made a crucial observation regarding child custody cases. The Court emphasized that financial affluence of the father should not be the sole determining factor in awarding custody of the child. It held that a mother's financial limitations should not render her unfit for custody, particularly when she has been the primary caregiver and provides emotional support and stability to the child. Key Highlights of the Judgment: Father’s Financial Superiority Not the Deciding Factor: The Court stated that financial superiority alone cannot outweigh the other critical factors like emotional bonding and continuity of care. The welfare of the child, as per the Guardian and Wards Act of 1890, involves more than just physical well-being—it includes emotional and moral welfare. Mother...
Understanding the Protection of Women from Domestic Violence Act, 2005 – Legal Insights from Karkardooma Court, Delhi
Understanding the Protection of Women from Domestic Violence Act, 2005 – Legal Insights from Karkardooma Court, Delhi Advocate Devashish Maharishi Practicing Family & Divorce Lawyer, Karkardooma Court, Delhi The Purpose and Scope of the DV Act The DV Act was enacted to simplify both procedural and substantive protections for women facing domestic violence. It aims to secure the rights guaranteed under the Constitution by ensuring that women are not subjected to abuse — be it physical, emotional, sexual, verbal, or economic — within the domestic sphere. 📌 Key Objective: “To provide effective protection of the rights of women who are victims of violence occurring within the family.” 🔹 Judicial Support for the Act’s Intent The Supreme Court, in Indra Sarma v. V.K.V. Sarma [(2013) 15 SCC 755], emphasized that the DV Act offers civil remedies to protect women from abusive relationships and aims to prevent the occurrence of domestic violence in society. Similarly, the Madras High Cour...