.... The 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...Court 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...vulnerable 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...

...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...

...enquiry in cases where the welfare of a minor is in question, which is the paramount consideration for the Court while exercising its parens patriae jurisdiction. A High Court may, therefore, invoke its...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 weight to the...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 weight to a child's ordinary comfort...

....,1this Court observed that the parens patriae jurisdiction is to be invoked in exceptional circumstances and exercised with due caution, particularly in cases...as under:- "209. The Supreme Court therefore held that in order to invoke the parens patriae jurisdiction, exceptional circumstances have to exist...that the parens patriae jurisdiction is removed by legislation. The scope of parens patriae jurisdiction being unlimited, it has to be exercised with great caution and with...

...the public policy in India and result in great harm being caused to the child and the appellant.24. Ms Rajkotia submits that parens patriae jurisdiction of the court.... 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 within its jurisdiction. In fact, the...ground that the decisions overlook the 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...

...the merits of the instant petition, it is deemed appropriate to briefly outline the settled legal position with respect to the invocation of the doctrine of parens patriae. 9. In S. D. v. Govt. of NCT of Delhi and Ors.1, this Court observed that parens patriae jurisdiction can...legislative gaps do not preclude the High Court from exercising its parens patriae jurisdiction under Article 226 of the Constitution of India to safeguard the interests of vulnerable persons...such appointment. "209. The Supreme Court therefore held that in order to invoke the parens patriae jurisdiction, exceptional circumstances...

...woman was assumed to be mentally incapable of making an informed decision, what are the appropriate standards for a court to exercise “parens patriae” jurisdiction? If the intent was to ascertain the...“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...reasoning.35. The doctrine of “parens patriae” has been evolved in common law and is applied in situations where the State must make decisions in order to protect 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...is nothing which can stand in the way of the Court exercising its parens patriae jurisdiction arising in such cases giving due weight to the circumstances such as a child's ordinary comfort...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 weight...

...matters as the court, in such matters exercises parens patriae jurisdiction.13. Mr Saurabh Kirpal, learned Advocate for the respondent responded...nothing which can stand in the way of the court exercising its parens patriae jurisdiction arising in such cases. (Vide Gaurav Nagpal v. Sumedha Nagpal...make the child 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...

...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..., 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 argument...High Court dismissed the petition on the ground of territorial jurisdiction. The respondent filed a special leave petition against the High Court's order dated 14-1-2000 and also filed a writ petition...

... 9 of parens patriae jurisdiction considering the fact that it is the minor who is within the jurisdiction of the court. Based on such..., 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...

...before this Court (PNPJ). Pursuant thereto, this Court took the role of loco parentis and exercised its parens patriae jurisdiction over Manoj Rajan, a mentally challenged person, who was...passing periodical orders, exercising supervisory jurisdiction, even though Mrs. R. Rajkumari, Executive Director, M/s.M.S.Chellamuthu Trust and Research Foundation has been appointed as his guardian...

...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 in such cases...jurisdiction which is aimed at the welfare of the minor. As observed recently in Mausami Moitra Ganguli case (2008) 7 SCC 673, the court has to give due...

...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 sovereign power of guardianship over persons under disability. (Emphasis supplied). Parens patriae jurisdiction, it...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...

...against the other. 4. The Family Court having considered the pleadings and evidence brought on record, exercising the parens patriae jurisdiction, had passed the...understanding about his well being, he must get emotionally connected with the father and this would be in the interest of the child himself. When the Court exercises the parens patriae jurisdiction, it...