Court : Mumbai
Decided on : Aug-21-2015
..... kinds of assets by ownership and disposition, and each of these must, therefore, be considered separately. since ms. deshmukh places her case on a reading on the provisions of the hindu minority and guardianship act, 1956 ( hmga ?), it is necessary to summarize the claims. these are summarized in the following tabulation: sr nomofs clause-schedule-partdisposition in mofsplaintiffs claim1.cl. 5, sch. ii, part ..... of married girl the husband; 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 ..... v sridhar sutar (1996) 8 scc 54)specifically described the various provisions of this act as beads of the same string . in particular, it said, section 8 cannot be viewed in isolation. the law does not ordinarily contemplate a natural guardian of the undivided interest of a hindu minor in joint family property. consequently, prior permission of a court is not required for ..... hmga, there are other provisions of that act that demand attention, as mr. tulzapurkar and mr. dwarkadas point out. specifically, we are also concerned with sections 6(1), 8(2), 8(3), 8(4) and 12 of the hmga. these read: 6. natural guardians of a hindu minor. the natural guardians of a hindu minor, in respect of the minor s person as well as in .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Jul-31-2015
..... paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute. even the statutes, namely, the guardians and wards act, 1890 and the hindu minority and guardianship act, 1956 make it clear that the welfare of the child is a predominant consideration. in a matter of this nature, particularly, when the father and mother are fighting their ..... court under any law for the time being in force in respect of proceedings, inter alia as to proceedings in relation to guardianship of the person or custody of or access to any minor. under section 10(1) of the act of 1984, the family court is deemed to be a civil court and provisions of the code of civil procedure, 1908 are ..... required to be considered at the outset. under section 7 of the said act, power has been conferred on the court to make an order as to guardianship after being satisfied that the same would be for the welfare of the minor. the provisions of section 12 of the said act grant power to make an interlocutory order in the matter of production of ..... the minor and interim protection of person and property of the minor. section 12(1) of the said act reads thus: 12. power to .....Tag this Judgment!
Court : Mumbai Aurangabad
Decided on : Sep-16-2015
..... were enacted. the 81th law commission report, in view of subsequent enactment suggested to repeal the act of 1856, hence on 31st august, 1983, hindu widow s re-marriage act, 1856, was repealed. section 21 of the hindu adoption and maintenance act, 1956 define dependents. the learned counsel ..... contrary to hindu law. before the independence, the hindu widow s re-marriage act, 1856 was enacted as social re-formative statute giving right to remarriage to the widow, but section 2 of the said act takes away the rights of widow to the property of her deceased husband. however, thereafter, various acts like hindu succession act, hindu minority and guardianship act, hindu adoption and maintenance act etc. ..... of section 8 of the hindu succession act, 1956, provides the general rules of succession in the case of males. the said section reads as under: 8. general rules of succession in the case of ..... every six months. 8. upon careful scrutiny of the material placed on record, and in the light of the provisions of sections 8 and 14 of the hindu succession act, 1956, it cannot be said that, there is no rational reason behind giving the right of pension to the childless widow even after re-marriage. the provisions .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-29-2015
..... the evidence tendered by the prosecution ?? oral as well as documentary ?? that deepa was minor at the relevant time. both of them did not want to marry each other. they were taken away from the lawful guardianship of their respective parents and the marriage was performed. the submissions of the learned counsel ..... her mother to compel her to marry madhukar against her will. they all in furtherance of their common intention, pressurised deepa and madhukar, who were minors, and performed the child marriage. the accused threatened their respective mothers, that they would be removed from the village and then they would be ..... ors. (1937 mad.l.j.r. 498). 7. on the point of setting aside the order of committal, he relied on state vs. chand khan (1956 cr.l.j. 402 vol. 57 cn 151); state of u.p. vs. khushi ram (air 1960 sc 905); rattiramvs. state of m.p. through ..... favour of the additional district magistrate. therefore, the court has taken a view that though there is a specific mention in the child marriage (restrain) act of the additional district magistrate, the interpretation of the two statyutes should be reconciled. therefore, such delegation of powers is possible under section 10(2) ..... for the appellants that the prosecution could not prove that there was no actual marriage as per the hindu rites cannot be accepted. so also, it was .....Tag this Judgment!