Mala (supra) in cases of
elopement.
(II) Role of courts as parens patriae.
(III) Whether release of a minor girl child to the
husband would
Constitution of India can invoke the doctrine of Parens patriae and appoint the petitioner No. 1, Uma Mittal as a Guardian of her husband ... petitioner has submitted that, while invoking the doctrine of "parens patriae", the Kerala High Court, has appointed the legal heir of the victim
lawful guardian" of the child as its parens patriae, thus attracting Section
361 IPC.
22. Also, according to him, the Exception in Section
High Court. It was held that the
Court while exercising parens patriae jurisdiction, is required to
decide upon what would be in the best interest ... interactions may afford valuable inputs to the Court
while exercising its parens patriae jurisdiction. If during such
interaction, aspects concerning the welfare of the child
orders are usually passed by this Court in exercise of
its parens patriae jurisdiction under Clause 12 of the Letters Patent dated
21st March ... CRWP-4181-2020 (O&M) 12
parens patriae jurisdiction vesting in this Court under Clause 12 of the
Letters Patent, referred to supra, requires
this situation that the Court, in the exercise of its parens patriae jurisdiction, called upon to perform the onerous task of keeping the young child ... custody of a minor is on the touchstone of principle of parens patriae jurisdiction, as the minor is within the jurisdiction of the Court
inherent
equitable powers and exerts the force of the State, as parens patriae, for
the protection of its infant ward, and the very nature ... which can stand in the way
of the Court exercising its parens patriae jurisdiction
arising in such cases."
20. Hon'ble Supreme Court
child. In selecting a guardian, the court is
exercising parens patriae jurisdiction and is
expected, nay bound, to give due weight to a child ... which can stand in the way of the court
exercising its parens patriae jurisdiction arising in such
cases."
15. On the facts of that
child. In
selecting a guardian, the Court is exercising
parens patriae jurisdiction and is expected to
give due weight to a child's ordinary ... child. In selecting a guardian, the
court is exercising parens patriae jurisdiction
and is expected nay bound, to give due weight
to a child
C.Yazhini vs K.Vijay Rajesh Kumar on 20 November, 2020
Author: V. Parthiban
Bench
