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Judgment Search Results Home > Cases Phrase: hindu minority and guardianship act 1956 Court: madhya pradesh Page 1 of about 36 results (0.059 seconds)

Mar 09 2000 (HC)

Sardar Bhupendra Singh Vs. Smt. Jasbir Kour

Court : Madhya Pradesh

Reported in : AIR2000MP330

..... he becomes sui juris (vyvaharagna).'11. the said rule has been given statutory expression under section 6 of the hindu minority and guardianship act, 1956 which provides thus :'the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's property excluding his or her undivided interest in joint familyproperty), are - (a) in the case of a boy ..... or an unmarried girl the father, and after him, the mother; provided that the custody of a minor who has ..... due regard to international conventions and norms for construing domestic laws when there is inconsistency between them. 14. not only section 6(a) but section 19(b) of the hindu minority and guardianship act has been construed in the same manner by the supreme court in the case of githa hariharan (supra). in paragraph 16 of the said judgment hon'ble the supreme court ..... the custody of the children. he has further submitted that interest of the children is a paramount consideration and the court need not be influenced by section 6 of the hindu minority and guardianship act. she has further submitted that there is no difference between mother and the father in the eye of law. she has submitted that financial aspect has been taken into .....

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Jun 24 2005 (HC)

Ashok Kumar Jatav Vs. Ku. Roshani and anr.

Court : Madhya Pradesh

Reported in : 2005(3)MPHT364; 2006(1)MPLJ178

..... her father's residence.9. before deciding the appeal i shall have to take into consideration the relevant provisions of the hindu minority and guardianship act, 1956 and of guardian and wards act, 1890. section 6 of hindu minority and guardianship act lays down that the natural guardian of minor hindu unmarried girl in respect of the person as well as the property shall be the father and after him the mother ..... of ku. roshani can not be secured by handing over to her father.5. after recording the evidence, the learned trial judge dismissed the application under section 6 of the hindu minority and guardianship act, 1956 on 25-2-2004, holding that the appellant has not cared to look after ku. roshani and has not taken steps to obtain her custody. relying upon the statement ..... who happened to be the father of batto bai. it is stated that ku. roshani was aged 8 years at the time of submitting the petition under section 6 of hindu minority and guardianship act.3. the appellant has stated that he is staying at jabalpur whereas, the respondent no. 2 is residing at gadarwara. for the welfare of ku. roshani, it is ..... provision.10. section 13 of the said act prescribes the appointment or declaration of any person as guardian of hindu minor by court. the welfare of minor should be the paramount consideration. it further lays down that no person shall be entitled to the guardianship by virtue of provisions of the act (supra) or of any law relating to guardianship among hindus, if the court is .....

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Oct 30 1986 (HC)

Mukesh Vs. Deonarayan and ors.

Court : Madhya Pradesh

Reported in : AIR1987MP85

..... respondents. the father of mukesh being alive, it is contended that in view of section 6(a) of the hindu minority and guardianship act, 1956, the father being a natural guardian in respect of minor persons and their property, laxmibai, the mother, could not legally act as a guardian of her son, mukesh, nor could she maintain the present suit, as the contract itself is ..... to the welfare of the minor. the trial court has not considered the facts stated by the plaintiff- ..... 4(1) of order 32, cpc. it is only in case where a minor's guardian is appointed or declared by a competent authority that other persons are excluded to act as a guardian or next friend. 'guardian' has been defined under section 4(b) of the hindu minority and guardianship act, 1956. clause (c) thereof defines the 'natural guardian', which means any of the ..... of surinder kaur (supra) relates to the custody of a minor son and its facts are glaringly different. no question of contract entered into by the mother on behalf of a hindu minor son was involved in that case. the supreme court has, however, held that ' section 6 of the hindu minority and guardianship act, 1956, could not supersede the paramount consideration as to what was conducive .....

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Sep 14 1966 (HC)

Smt. Sugga Bai and ors. Vs. Smt. Hiralal and ors.

Court : Madhya Pradesh

Reported in : AIR1969MP32; 1968MPLJ840

..... of the landlord. but what they did say was that the transfer in favour of the landlord may be defective for want of permission from the district judge under the hindu minority and guardianship act, 1956.13. as such, it is clear that even if it were to be assumed that the appellants might be entitled to forfeit the tenancy on account of the denial ..... rent controller had been obtained and, therefore, the suit itself was not tenable. on the other hand, the learned appellate judge expressed the opinion that section 8 of the hindu minority and guardianship act, 1956 was attracted, and for want of permission of the district judge for the said sale, title did not vest in the plaintiffs and consequently, they could not become landlords of ..... suit, was upheld.6. in the present appeal it is urged by the learned counsel for the appellants that section 8 of the hindu minority and guardianship act, 1956 is not at all attracted with reference to the joint interest of a minor in the joint family property. therefore, no permission of the district judge was necessary, as the property was not the exclusive property of ..... the minor. so far as this contention is concerned, i am in agreement with the suggestion of the learned counsel for the appellants. section 8 .....

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Feb 02 1987 (HC)

Smt. Shobha Kshirsagar Vs. Smt. Janki Kshirsagar and anr.

Court : Madhya Pradesh

Reported in : AIR1987MP145; 1988MPLJ28

..... court below, merits serious reconsideration in all its aspects.6. reliance was placed by shri modi withgreat confidence and composure on theprovisions of sub-section (2) of section 9 ofthe hindu minority and guardianship act,1956, for short, hmga, to urge that the willex. d/8 ought to have been totally excludedfrom consideration by the court below. hehas also placed reliance on the provisions ofsection ..... be paramount consideration.-- (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 ofthis act or of any law relating to guardianshipin marriage among the hindus, if the court isof opinion that his ..... code as it is expressly envisaged in section 2 thereof that the provisions of gwa are to be resorted to whenever an order is sought from a guardianship court in respect even of a hindu 'minor' as respects his person and property. however, i may also note here what sections 6 and 8 of hmga, which are not extracted, do contemplate. the natural ..... any case, is to be found in section 7, gwa, because the power of a court to pass an order of guardianship as respects a hindu 'minor' is not 'expressly' affected by any of the provisions of gwa, keeping in view the provision of section 2, hmga, it is difficult to hold that provision of section 9, .....

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May 12 2000 (HC)

Smt. Sweta and Another Vs. Dharma Chand and Another

Court : Madhya Pradesh

Reported in : AIR2001MP23; 2001(2)MPHT274

..... act lays down that the provisions of that act shall be in addition to and not, save as expressly provided, in derogation of the guardian & wards act, 1890. section 12 of the hindu minority & guardianship act, 1956 provides that where a minor has undivided interest in the joint ..... family property and the property is under the management of an adult member of the family, no guardian shall be appointed for the minor in respect of such an undivided interest, though the proviso to ..... by appointing the respondent no. 1, as the guardian of the minor.25. it may, however, be noted that the learned trial court has appointed the respondent no. 1 as the guardian of the person and property of the minor. it is further to be noticed that the hindu minority and guardianship act, 1956 has been enacted by the parliament. section 2 of the said ..... no. 1 at khurai, district sagar.3. the appellant filed an application on 9-1-95 under section 10 of the 'act' for appointment as guardian of person and property of minor palak. it was averred therein that minor palak was living in their guardianship and was being brought up by them. however, a month prior to the filing of the application .....

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Nov 06 1995 (HC)

Vishal Kumar S/O Girdhar Gopal and anr. Vs. State of Madhya Pradesh an ...

Court : Madhya Pradesh

Reported in : 1996(0)MPLJ659

..... is no semblance of following any procedure. apart from this as the property of the minors was being dealt with it was essential to have an order of the court as contemplated by section 8 of the hindu minority and guardianship act, 1956. section 8(2) deals with the powers of a natural guardian. section 8(1) and (2) are relevant. these be noticed :8. powers ..... of natural guardian. - (1) the natural guardian of a hindu minor has power, subject to the provisions of this section to do all ..... acts which are necessary or reasonable and proper for the benefit of the minor or for the realization ..... , protection or benefit of the minor's estate; but the guardian can in no case bind the .....

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Feb 15 2006 (HC)

Aruna Kumari Vs. Dr. Ambrish Kumar Sengar

Court : Madhya Pradesh

Reported in : 2006(2)MPLJ104

..... held that guardian and wards act makes some provisions which are procedural in nature but in all other matters on which it is silent, procedure provided in the code has ..... the proceedings under the arbitration act, 1940 and parties have power to compromise under order xxiii, rule 3, c.p.c.15. in the case of jairam gurnani v. smt. shanta gurnani ilr (1979) 1 delhi 99 it was held that code of civil procedure is applicable to the provisions under hindu minority and guardianship act, 1956 and guardians and wards act, 1890. it is ..... year 1998. after the said ex parte decree, respondent entered into second marriage. respondent then submitted an application under section 25 of the guardian and wards act read with section 6 of the hindu minority and guardianship act for custody of the child shashank in the court of viith additional district judge. gwalior. the then seventh additional district judge. gwalior passed an ex ..... parte order dated 27-4-2002 and allowed the application under section 25 of the guardian and wards act in favour of the respondent directing delivery of custody .....

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Oct 28 1975 (HC)

Smt. Veena Agrawal Vs. Shri Prahlad Das Agarwal

Court : Madhya Pradesh

Reported in : AIR1976MP92

..... -allegations of the parties. we are required to decide this, petition on the sole consideration in whose custody the welfare of the minor lies. under section 6(a) of the hindu minority and guardianship act, 1956, it is provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. the clause gives legislative sanction to the ..... principle which is now well established that although the father is the natural guardian of the minor child and entitled as such to his ..... can look after the child cannot be a ground for depriving the mother of the custody of the child in view of the provisions of section 6(a) of the hindu minority and guardianship act, even the basis stated by the respondent that he would be in a position to look after the child is not convincing. the petitioner is a lecturer and he ..... fallacious. even after the decision of the case under the present proceedings it is open to the person aggrieved to seek an ordinary remedy. the ordinary remedy lies under the hindu minority and guardianship act or the guardians and wards act, as the case may be, and it is only in exceptional cases that the rights of the parties to the custody of the .....

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May 02 2001 (HC)

Life Insurance Corporation of India Vs. Ramji Kewat and ors.

Court : Madhya Pradesh

Reported in : 2001(5)MPHT425

..... the time of creation of mortgage in favour of the corporation, the defendant no. 1 filed an application under section 8 of the hindu minority and guardianship act, 1956 in the court of the additional district judge, rajnandgaon for grant of permission to mortgage the property with the corporation for the aforesaid loan and the said court by order ..... corporation of india (hereinafter referred to as 'the corporation') was established by notification dated 1st september 1956 under section 3 of the life insurance corporation act, 1956. the affairs of the corporation are governed by the aforesaid act and the rules framed thereunder as well as under the insurance act, 1938. the central office of the corporation is located at jeevan bima marg, bombay and ..... are involved. accordingly, the granting or withholding of relief may properly be dependent upon consideration as of public interest....'14. in the case of kuntesh gupta v. management of hindu kanya mahavidyalaya, air 1987 sc 2186 the apex court spoke thus :'further, it is well established that an alternative remedy is not an absolute bar to the maintainability of a ..... high court to entertain the petition and grant the petitioner relief notwithstanding the existence of an alternative remedy. the broad lines of the general principles on which the court should act having been clearly laid down, their application to the facts of each particular case must necessarily be dependent on a variety of individual facts which must govern the proper .....

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