Granting of stay in children matters
Granting of stay orders should consider the best interest of the Minor.
Custody and MaintenanceOpinion of a child should be objective
The best interests of a child must not be dictated by the opinion of a child
Custody and MaintenanceKadhis Court jurisdiction
Kadhis court do not have jurisdiction over children matters
Custody and MaintenanceInterim orders
Interim orders in a trial court should not be interfered with without appeal full hearing
Custody and MaintenanceJurisdiction DNA test
The Children's court has jurisdiction to order for DNA test
Custody and MaintenanceRes Judicata in Children matters
Res Judicata cannot stop a court from revisiting a children's matter
Custody and Maintenancestatus quo during suit
During pendency of the suit status quo should be maintained to avoid disruption of Minor
Custody and MaintenanceBest Interests of Child
A child's best interests overrides the interests of the parents.
Custody and MaintenanceAccess on alternate weekdays unsuitable
To grant access (custody) on alternate weekdays is unsuitable for children
Custody and MaintenanceAccess orders should be clear
Orders on access of the child must be clear
Custody and MaintenanceSeparation of siblings
Making custody orders that separate siblings is not in their best interests
Custody and MaintenanceAbrupt changing of school hazardous
Removing a child from one school to another as a result of custody orders is detrimental
ConstitutionalAdvisory opinion of the Supreme Court
Should be treated as authoritative statement of the law.
ConstitutionalTest for Constitutionality of statute
The test of constitutional is stated to be nothing but a formal test of rationality.
ConstitutionalInterpretation of the constitution
It should be given a holistic interpretation and read as an entity.
ConstitutionalInterpretation of a statute
Both purpose and effect should be looked at to ascertain the constitutional validity.