Showing 16 cases in Case Law
Clear filterCustody and access to a child
Both parents have to be involved in a child's life despite one parent having solely access orders
Custody and MaintenanceCustody of a tender child to the father
A father has to prove for special circumstances in which he should be granted custody of a child
ConstitutionalTest for Article 24
Must conform with what has been accepted universally as democratic society.
ConstitutionalTest for Article 24
the test must be subjective
ConstitutionalLimitations of human rights
There must be pressing social need for restriction on a right.
ConstitutionalLimitations of human rights
Direct connection between the expression and the protected interest must be shown.
Custody and MaintenanceBest interest of a child
Other factors to be considered in the determination of the best interest of a child
Custody and MaintenanceConduct of parent in child's custody
The conduct of a parent during a trial informs the court on the determination of custody
Custody and MaintenanceParental responsibility
The needs of a child should be guided by the income earned by each parent
Custody and MaintenanceParental responsibility
A mother can apply for the extension of parental responsibility
Custody and MaintenanceMaintenance
Special circumstances ought to be proved for maintenance of an individual of above 18 years
Custody and MaintenanceParental responsibility
DNA is to be submitted for a father to take parental responsibility if the parties are not married
Custody and MaintenanceParental responsibility
Court cannot compel a man to take up parental responsibility of a child if not married to the mother
Custody and MaintenanceParental responsibility
Parental responsibility ceases upon completion of undergraduate studies
Custody and MaintenanceConduct of parent to be granted custody
A parent can be denied custody if his/her conduct causes harm to the weelbeing of the child
Custody and MaintenanceParental responsibility
Parents to a child share equal parental responsibility regardless of their marital status