...relevant part of the order reads thus:—“This court exercising its Parens Patriae jurisdiction is anxious and concerned about the safety of the detenue and her well being...exercising Parens Patriae jurisdiction has a duty to ensure that young girls like the detenue are not exploited or transported out of the country. Though the learned Senior Counsel has vociferously...and capable of being exploited in many ways and thereafter, the Court, exercising the parens patriae jurisdiction, observed that it was concerned with the welfare of the girl of her age. It has been...

...Court while exercising its parens patriae jurisdiction. A High Court may, therefore, invoke its extraordinary jurisdiction to determine the validity of the detention, in cases that fall within its...rights of the parents or guardians may be taken into consideration, there is nothing which can stand in the way of the Court exercising its parens patriae jurisdiction arising in such cases giving due..., the paramount consideration should be the welfare and well being of the child. In selecting a guardian, the court is exercising parens patriae jurisdiction and is expected, nay bound, to give due...

...handle such issues with love, affection and sentiments, by applying a human touch to the issues before it. Therefore, the paramount consideration of the Court exercising 'parens patriae' jurisdiction, while...2015 10 the Court exercising 'parens patriae' jurisdiction, on the question of custody or visitation right, is the welfare and well-being of the minor children and not the right of their grandmother...passing such an order, in exercise of the 'parens patriae' jurisdiction, the Family Court has not committed any manifest error of law and the reasoning of the Court in the said order is neither perverse...

...the principle of comity of courts. By giving effect to the comity of courts, the High Court has eroded its own parens patriae jurisdiction and also ignored the welfare of the child who is located...parens patriae jurisdiction of the Court as also misinterpreted the concept of “intimate contact” with the child. The “intimate contact” principle only applies in an instance where the child has been taken...refuge under the parens patriae jurisdiction of the Court.27. Ms Rajkotia then submits that the child has been born and brought up in India. While the child now has British...

...informed decision, what are the appropriate standards for a court to exercise “parens patriae” jurisdiction? If the intent was to ascertain the “best interests” of the woman in question, it is our...“parens patriae” while exercising its writ jurisdiction to go beyond the literal interpretation of the statute and adopt a purposive approach. The same doctrine has been used to arrive at the conclusion...incapable of making informed decisions for themselves.36. Courts in other common law jurisdictions have developed two distinct standards while exercising “parens patriae” jurisdiction for...

...equitable powers and exerts the force of the State, as parens patriae, for the protection of its infant ward, and the very nature and scope of the inquiry and the result sought to be accomplished call for the exercise of the ...govern the rights of the parents or guardians may be taken into consideration, there is nothing which can stand in the way of the Court exercising its parens patriae jurisdiction arising in such cases...exercising parens patriae jurisdiction and is expected, nay bound, to give due weight to a child's ordinary comfort, contentment, health, education, intellectual development and favourable surroundings...

..., there is nothing which can stand in the way of the court exercising its parens patriae jurisdiction arising in such cases.52. The trump card in the appellant's...:“In habeas corpus proceedings to determine child custody, the jurisdiction exercised by the court rests in such cases on its inherent equitable powers and exerts the force of the State, as parens...patriae, for the protection of its infant ward, and the very nature and scope of the inquiry and the result sought to be accomplished call for the exercise of the jurisdiction of a court of equity...

..., in such matters exercises parens patriae jurisdiction.13. Mr Saurabh Kirpal, learned Advocate for the respondent responded:13.1. Mediation...the way of the court exercising its parens patriae jurisdiction arising in such cases. (Vide Gaurav Nagpal v. Sumedha Nagpal...feel comfortable. Record of such interaction may afford valuable inputs to the court in discharge of its duties in parens patriae jurisdiction. If during such interaction issues or aspects concerning...

... 9 of parens patriae jurisdiction considering the fact that it is the minor who is within the jurisdiction of the court. Based on su..., virtually, imbibing the true spirit of the principle of parens patriae jurisdiction, went on to hold in Nithya Anand Raghavan's case thus: "40. ... As regards the...JURISDICTION CIVIL APPEAL NOS. 4987 OF 2022 (Arising out of SLP(C)No.17166/2021) ROHITH THAMMANA GOWDA …APPELLANT VERSUS STATE OF...

...regard to the first respondent. 3. In the very nature of things, this Court has parens patriae jurisdiction to see that the lands endowed in favour of temples are maintained and taken...

...nothing which can stand in the way of the Court exercising its parens patriae jurisdiction arising in such cases. (2) Father is natural guardian, but for custody of child paramount consideration is as to...what is conducive to welfare of minor. (3) When conflicting demands are made by parents, court then should not give emphasis on what the parties say - Court has to exercise a jurisdiction which is...

...guardian of child below five years and hence, custody of the child be handed over to mother by exercising parens-patriae jurisdiction of this Court under...the child is not taken away from the (2 of 2) [HC-93/2017] jurisdiction of this Court. In post lunch session, Mr. Anil Upman has caused appearance on behalf of the respondents...

...petitioner seeking the custody of the minor.5. The duty of the court exercising its parens patriae jurisdiction as in cases of custody of a minor children is all the more onerous...

...second Saturday.14. It is well settled that, in a case for custody of minor children, the paramount consideration of the Court exercising ‘parens patriae’ jurisdiction shall be the...applying a human touch to the issues before it. Therefore, the paramount consideration of the Court exercising ‘parens patriae’ jurisdiction, while deciding the question of custody of the minor children...children of her deceased daughter is not an absolute or unbridled right. When the paramount consideration of the Court exercising ‘parens patriae’ jurisdiction, on the question of custody or visitation...

...not able to support themselves due the adverse circumstances, as stated hereinabove.5. Accordingly, the Court in its parens patriae jurisdiction directs the newly added respondent No. 4...non sui juris, such as minor, insane, and incompetent persons, but the words “parens patriae” meaning thereby ‘the father of the country’, were applied originally to the King and are used to designate the State referring to its sove...only within the country but also outside the country in certain situations. Concept of parens patriae recognises the State as protector of its citizens as parent particularly when citizens are not in...

...statutes which govern the rights of the parents and guardians may be taken into consideration, there is nothing which can stand in the way of the court exercising its parens patriae jurisdiction arising...court then does not give emphasis on what the parties say, it has to exercise a jurisdiction which is aimed at the welfare of the minor. As observed recently in Mausami Moitra Ganguli case (2008) 7 SCC...

...principles of parens patriae jurisdiction will apply to the present case. The Supreme Court in Animal Welfare Board of India vs. A. Nagaraja...and Ors. (2014) 7 SCC 547 has held that the Court has also a duty under the doctrine of parens patriae to take care of the rights of animals. W.P. (Crl.) No.156/ 2020 Page 4 of 5...

...overlooked by the High Court, was underlined. It was asserted that the impugned order did also disregard the parens patriae jurisdiction of the Indian court within whose jurisdiction the child was located...can the principle of welfare of the child be eroded and that a child can seek refuge under the parens patriae jurisdiction of the Court. While dismissing the initiative of the respondent before the UK...predominant criterion as to what would best serve the interest and welfare of the minor and that to that extent, the High Court would exercise its parens patriae jurisdiction, as the minor is within its...

...parens patriae jurisdiction and permit the petitioner to take the children to the UAE and apply for Residency visa. 4.Learned Counsel for the 3rdrespondent...that in circumstances like the one at hand, the court can exercise its parens patriae jurisdiction. The Constitution of India makes its imperative for the State to secure to all its citizens.... Likewise, when circumstances warrant, the constitutional courts should also invoke the parens patriae jurisdiction for safeguarding the interest of vulnerable adults and minors. As the interest of the...

...obligations. A child, as has been ubiquitously articulated in different legal forums, is not a chattel or a ball to be shuttled or shunted from one parent to the other. The Court exercises parens patriae jurisdiction in...that they had been called upon to discharge their parens patriae jurisdiction. Upon a guardianship petition being laid before the Court, the child concerned ceases to be in the exclusive custody of...competence or otherwise of the appellant as custodian of the interests and welfare of her child. However, we would be loathe to lose perspective of our parens patriae obligations, and in that regard we need...