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Judgment Search Results Home > Cases Phrase: hindu minority and guardianship act 1956 Page 1 of about 919 results (0.093 seconds)

May 27 1973 (HC)

Asha Wadhwa Alias Indu Vs. Prithvi Raj Wadhwa

Court : Delhi

Reported in : 9(1973)DLT496; 1974RLR121

..... by the mother for the custody of the minor under lection 6(a) of the hindu minority and guardianship act, 1956. section 26 of the hindu marriage act, 1955 provides only for an interim order just as section 12 of the guardians and wards act, 1890 does ob the contrary, section 6(a) of the hindu minority and guardianship act, 1956 is not concerned with and interim order at ..... be blamed for trying to combine section 12 of the guardians and wards act,.1890with section 6(a) of the hindu minority and guardianship act, 1956. she did so because of the somewhat unclear legalpostion pointed out above. (5) section 2 of the hindu minority and guardianship act, 1956 says that the provisions of the said act shall be in addition to, and not, save as hereinafr expressly ..... that the father can show special circumstances as to why the rule should oat be followed and as an exception the custody of the minor should not be given to the mother. curiously, the hindu minority and guardianship act, 1956 does not provide for a specific procedure for the enforcement of the right of the mother. this difficulty, however, is not insuperable. ..... reading of the provisions of the guardians and wards act 1890 and the hindu minority and guardianship act, 1956 would appear to be as follows: the substantive right conferred on the mother to the custody of the minor till he attains the age of five years by lection 6 (a) of the hindu minority and guardianship act, 1956 is not subject to one limitation as one imposed .....

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Feb 17 1999 (SC)

Ms. Githa Hariharan and anr. Vs. Reserve Bank of India and anr.

Court : Supreme Court of India

Reported in : AIR1999SC1149; 1999(2)ALLMR(SC)416; 1999(2)ALT1(SC); 1999(1)BLJR777; [1999]95CompCas913(SC); 1999(1)CTC481; I(1999)DMC337SC; [1999]236ITR380(SC); JT1999(1)SC524; (1999)IIML

..... it is needless to state that even before the passing of the hindu minority and guardianship act, 1956 (act 32 of 1956), the mother is the natural guardian after the father. the above act came into force on august 25, 1956 and under section 6 the natural guardians of the hindu minor in respect of minor's person as well as minor's property are the father and after him the mother. the ..... minor's property are the father and after him the ..... filing of this writ petition by the two petitioners with prayers to strike down section 6(a) of the hindu minority and guardianship act, 1956, (hereinafter referred to as hmg act) and section 19(b) of the guardian and wards act, 1890 (hereinafter referred to as gw act) as violative of articles 14 & 15 of the constitution and to quash and set aside the decision of ..... be the natural guardian of her minor daughter. it is needless to state that even before the passing of the hindu minority and guardianship act 1956 (act 32 of 1956), the mother is the natural guardian after the father. the above act came into force on august 25, 1956 and under section 6 of the natural guardians of a hindu minor in respect of the minor's person as well as the .....

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Jul 29 1976 (HC)

Amirtha Kudumban Vs. Sornam Kudumban

Court : Chennai

Reported in : AIR1977Mad127

..... on principle of the law obtaining on the subject, both before and after the commencement of the hindu minority and guardianship act, 1956.20. at this stage, we may refer to section 5 of the hindu minority and guardianship act, 1956, which clearly lays down that any text, rule or interpretation of hindu law or any custom or usage as part of that law in force immediately before the commencement ..... avowed intention of the legislature, when it comes to a question of "which is to be master, sec. 6(e) of the transfer of property act or sec. 8(3) of the hindu minority and guardianship act, 1956?"--the former must necessary yield to the latter under the compulsive rule of interpretation declared by sec. 8(3) the full force and effect of the ..... alienation has to be determined on the basis of the relevant provisions of the hindu minority and guardianship act, 1956--central act no. 32 of 1956,--which had come into force on 25-8-1956. the act applied to the alienations now in question. the alienation was on 21-10-1959, after the act came into force.6. the legislature had avowed brought this measure with a view ..... any one claiming under him' this restricted meaning. the reason suggested for this restricted interpretation was that sec. 8(3) of the hindu minority and guardianship act, 1956 must be construed in harmony with sec. 6(c) of the transfer of property act. we doubt whether there exists any cannon of 'harmonious' construction, which extends the scope of the court's inquiry beyond the confines .....

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Apr 02 1998 (HC)

N. Palanisami Vs. A. Palaniswamy

Court : Chennai

Reported in : AIR1998Mad264; 1998(3)CTC158

..... act, 1890, which are inconsistent or derogation of the provisions of the hindu minority and guardianship act, 1956 are made ineffective. further section 2 makes it clear that the hindu minority and guardianship act, 1956 is in ..... addition to the guardians and wards act, 1890. 10. even under the guardians and wards ..... remedy for the natural guardian to get the custody? the hindu minority and guardianship act, 1956 has not provided for any specific remedy. section 2 as well as section 5(b) of the hindu minority and guardianship act, 1956 have made the provisions of the guardians and wards act, 1890, applicable in such a case. since there is no provision in the hindu minority and guardianship act, 1956 only the provisions in the guardians and wards .....

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Sep 06 1991 (HC)

Dhanasekaran Vs. Manoranjithammal and Others

Court : Chennai

Reported in : AIR1992Mad214; (1992)IIMLJ116

..... was joint family property simpliciter).10. in the above referred to : air1983kant222 it has been held that when the mother manages the family property of the minor son, section 11 of the hindu minority and guardianship act, 1956 is not attracted and that, therefore, she can validly alienate it for family necessity or benefit, without obtaining permission of the court under s. 8 ..... and for partition and separate possession of the said share. the question to be answered is whether the said sale is hit by s. 8 of the hindu minority and guardianship act, 1956 since admittedly the plaintiff's mother did not obtain the previous permission from the court as contemplated in the said section, and consequently whether the plaintiff could avoid ..... of the said act. the said decision further observes that the fact that the mother can also manage the family property is evident from s. 12 referring ..... necessity or for benefit. the distinction that obtained under the general hindu law between the separate property of a minor and his undivided coparcenary interest is kept up also under the provisions of the hindu minority and guardianship act of 1956. section 6 of that act which defines a natural guardian excludes minor's undivided interest in a joint family property from the operation of .....

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Dec 21 1984 (HC)

D. Rajaiah Vs. Dhanapal and anr.

Court : Chennai

Reported in : AIR1986Mad99

..... which should form guidelines in matters like this. the two minor children being hindu girls, with regard to natural guardianship as such the provisions of hindu minority and guardianship act, 1956 (no. 32 of 1956), hereinafter if occasion comes, referred to as act 32 of 1956, shall first speak. section 6 of act 32 of 1956 says that in the case of an unmarried hindu minor girl, the father and after him, the mother shall ..... set forth in the proviso to s. 6 of act 32 of 1956. section 13 of act 32 of 1956 reads as follows:13(1) 'in the appointment or declaration of any person as guardian of a hindu minor by a court, the welfare of the minor shall be the paramount consideration. (2) no person shall be entitled to the guardianship by virtue of the provisions of this ..... hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor.' section 2 of act 32 of 1956 ..... act or of any law relating to guardianship in marriage among .....

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Apr 06 1984 (HC)

Suresh Babu Vs. Madhu

Court : Chennai

Reported in : AIR1984Mad186; (1984)1MLJ381

..... to enumerate who the natural guardians of hindu minor in respect of minor's person or property (excluding his or her undivided interest in joint family property) are. in the case of a boy or an ..... child prayed for by the respondent cannot be granted. on the other hand, the learned counsel for the respondent would draw a distinction between guardianship and custody based on the provisions of section 6 of the hindu minority and guardianship act, 1956 and submit that though the appellant may be the natural guardian, there is a statutory preference of the mother with refer the custody of ..... the provisions of the act over hindu law, custom or usage as part of hindu law and s. 5(b) further provides that any other law inconsistent with the provisions of the hindu minority and guardianship act, 1956 shall cease- to have effect. section 5(a) and (b) were thus intended to make provision. for the over riding effect of the provisions of the hindu minority and guardianship act, 1956.section 6 proceeds .....

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Jan 27 2003 (HC)

Chethana Ramatheertha Vs. Kumar V. Jahgirdar

Court : Karnataka

Reported in : II(2003)DMC288; 2003(3)KarLJ530

..... even as per the customary law of hindus, the father is the natural guardian of the minor and until and unless it is shown that he has disqualified himself, the mother cannot act as a natural guardian and even section 6 of the hindu minority and guardianship act, 1956 having recognised this principle and the mother having not shown that the father suffers from any disqualification ..... two, the question assumes importance. custody need not follow guardianship in all cases. section 13 of the hindu minority and guardianship act, 1956 makes it very clear that the paramount consideration in appointing any person as a guardian of a hindu minor by the court, is the welfare of the minor. section 6 having spelt out as to who acts as natural guardian, it is the father and mother ..... in that order in the case of a minor child, a person to ..... , there was no occasion to divest the custody from the father and therefore held that it was in the best interest of the minor child, to be left in the custody of the .....

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Sep 12 1977 (HC)

Arun Kumar and ors. Vs. Smt. Chandrawati Agrawal and ors.

Court : Allahabad

Reported in : AIR1978All221

..... in respect of the minor's property (excluding his or her undivided interest in joint family property), are-- (a) in the ..... provisions of section 8 of the hindu minority and guardianship act, the sale was invalid as the plaintiffs-appellants' father did not obtain the permission of the district judge to sell their interest in the coparcenary property. the relevant sections of the hindu minority and guardianship act, 1956 are reproduced below:'6. the natural guardians of a hindu minor, in respect of the minor's person as well as ..... case of a boy or an unmarried girl--the father--and after him, the mother, provided that the custody of a minor ..... by gaya prasad without obtaining the permission of the district judge and, as such, it was in violation of the provisions of section 8 of the hindu minority and guardianship act no. 32 of 1956. the plaintiffs claimed that the sale-deed be declared to be invalid and they be given possession of the house and compensation as well.2. the .....

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Feb 13 1963 (HC)

V.N. Swaminathan Vs. Angayarkanni Ammal and ors.

Court : Chennai

Reported in : AIR1964Mad11

..... of a minor, namely, that he is a person who has not completed the age of 18 years. ..... to appoint a guardian for the person of a minor is contained in section 7 of this act. section 41(l)(c) provides that the powers of a guardian of a minor shall cease by the ward ceasing to be a minor. the hindu minority and guardianship act 1956, came into force in august 1956 which has application to a hindu. this act also contains vide section 4(1) a definition ..... he has now applied to this court for discharging the first and second respondents from joint personal guardianship on the ground that the provision in the indian majority act, 1875, regarding minority is superseded by the specific provision in section 5(b) of the hindu minority and guardianship act, 1956, and that notwithstanding the fact that the court guardians of his person were appointed, he has on ..... then comes section 5, which provides for the overriding effect of the act. the section reads :'save .....

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