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Judgment Search Results Home > Cases Phrase: hindu minority and guardianship act 1956 Court: rajasthan Page 1 of about 61 results (0.056 seconds)

Apr 26 1972 (HC)

Smt. Gheesi Vs. Shri Rama

Court : Rajasthan

Reported in : AIR1972Raj256; 1972()WLN315

..... allowed to remain with another. in dealing with an application under section 26 of the act in the case of a hindu the, court has to be guided by the considerations underlying the hindu minority and guardianship act, 1956. section 6 of the hindu minority and guardianship act lays down who the natural guardians of a hindu minor are. sub-section (1) of the section lays down that in the case of a ..... is actually below five years of age. he should ordinarily be in the custody of the mother as required by the proviso to clause (e) of section 6 of the hindu minority and guardianship act, 1956. the difficulty, however, is that the child has not been living with the petitioner since 11-5-69 or may be since february, 1967 and he may not be ..... should be the paramount consideration in the appointment and declarationof any person as guardian of a minor;. section 5 of the hindu minority and guardianship act, 1956 lays down that the act shall have an overriding effect. it is provided therein 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 of this ..... extent there is an inconsistency. viewed in this light the order that the court passes under section 26 of the act regarding the custody of the children will be subject to any order that a competent court may pass under the hindu minority and guardianship act, 1956. the child is now almost 5 years old. according to the petition, he was 2 years old on the .....

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Sep 24 1993 (HC)

Seema Vs. Sanjeev Godha

Court : Rajasthan

Reported in : II(1993)DMC413; 1993(2)WLC730

..... his father. the apex court said--'the high court was clearly in error in observing that the proviso to section 6(a) of the hindu minority and guardianship act, 1956 cannot be attained with importance. the view of the high court ignores the very mandate of the legislature and runs counter to the mandate'.the ..... counsel for sanjeev godha will be if her custody is given to the father. under section 6 of the hindu minority and guardianship act, 1956 (for short, the act of 1956) the natural guardian of a hindu minor in respect of the minor's person and property is father and after him is mother. but clause (a) of section 6 of ..... that act provides that the custody of the minor who has not completed the age of five years shall ordinarily be with ..... that the apex court took into consideration the mandate of the legislature contained in the proviso to section 6(a) of the act of 1956 that the custody of the minor who has not completed the age of five years shall ordinarily be with the mother. the apex court in the case of ..... of five years, is concerned and that is why it is the mandate of legislature contained in section 6(a) of the act of 1956 that ordinarily the custody of the minor who has not completed the age of five years shall be with the mother. the learned judge, family court has observed .....

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Jun 07 1957 (HC)

Smt. Basanti Bai Vs. Mohanlal

Court : Rajasthan

Reported in : AIR1958Raj267; 1958CriLJ1245

..... herself to be about 15 years of age. she was not mature enough to think what was good or bad, and, therefore, she should, according to the hindu minority anal guardianship act, 1956, remain with her guardian, & the guardian of the wife was her husband, and, therefore, the girl is ordered to be given in custody to her husband. her husband is ..... learned counsel for the husband tried to support the order on a contention that the husband was a proper guardian under the hindu minority and guardianship act, 1956, and, therefore, the magistrate had jurisdiction to restore the girl to the husband. the magistrate was not acting as judge of a civil court. the district court is empowered under section 25 of the guardians and wards ..... refer the husband to a civil court. section 13 of the hindu minority and guardianship act, 1956, lays down that in the appointment or declaration of any person as guardian of a hindu minor by a court, the welfare of the minor shall bo the paramount consideration. therefore, the right of the guardian of a minor wife is not unrestricted, but is limited by considerations of welfare ..... of the minor herself. the magistrate in the present case, therefore, had no .....

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Sep 16 1996 (HC)

Smt. Tara Devi Vs. Mahaveer Singh

Court : Rajasthan

Reported in : AIR1997Raj87

..... guardian of the minor, but the proviso carves an exception ..... consideration should be made under sections 7 and 17 of the latter act. even though under section 6 of the hindu minority and guardianship act, 1956, father is the natural ..... laying down that the mother should have the right of custody of the minor up to 5 years, or whenever the court deems it just ..... is a natural and lawful guardian of his minor children and under ordinary circumstances, the court cannot take away that guardianship from him. an application for custody by a hindu father as natural guardian is one under section 6 of the hindu minority and guardianship act, 1956 read with section 25 of the guardians and wards act, 1890 and in passing the order thereon, .....

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Jul 05 1979 (HC)

Dr. (Smt.) Snehlata Mathur Vs. Mahendra Narain

Court : Rajasthan

Reported in : AIR1980Raj64

..... find that it is supportable on the basis of a few rulings, especially those which were handed down by some of the high courts prior to the enactment of the hindu minority and guardianship act, 1956 (for short, the act of 1956). it was for example held in govind singh v. ram prasad, air 1935 all 838, that as long as the father of a ..... minor is alive and is not proved to be unfit to be guardian of the minor the court cannot make an order appointing him or anybody else as guardian. it is, however, significant to note ..... the petitioner seeks in substance the form in which such relief is sought need not be of much consequence.12. as laid down in section 6 of the act of 1956, the father is the natural guardian of a hindu minor in respect of the minor's person as well as his property. this is, however, subject to the proviso that the custody of a ..... have, therefore, no hesitationto conclude that this application which purports to have been filed under section 10 of the act 1890 for guardianship is, in fact, an application under section 25 of the said act for custody of the minor. in proceedings under the act of 1890, which involve administration of the affairs of a ward, the judge exercises what is generally called a parental .....

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Nov 07 1975 (HC)

Smt. Gangabai Vs. Bherulal

Court : Rajasthan

Reported in : AIR1976Raj153; 1975()WLN652

..... be preferred to the care of the mother, who is prepared to spend for the proper education of the boy. under section 6 of the hindu minority and guardianship act, 1956, the natural guardian of a hindu minor is the father. but section 13 of the act contains certain mandate of the legislature for the court that while appointing or declaring any person as guardian of a ..... hindu minor by a court, the welfare of the minor shall be the paramount consideration. section 2, no doubt, lays down that the provisions of this act shall be ..... v. ganga sahai air 1973 raj 93 has held,-- 'by virtue of section 2 of the hindu minority and guardianship act, the courts are obliged to read together and harmonise the provisions of section 19 of the guardians and wards act and of section 13 of the hindu minority and guardianship act, construing them together the rigour of the prohibition contained in clause (b) of section 19 of ..... the guardians and wards act must be considered to have been relaxed to a great extent in the interest of the .....

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Aug 22 1972 (HC)

Lalta Prasad Vs. Ganga Sahai

Court : Rajasthan

Reported in : AIR1973Raj93; 1972()WLN616

..... the parties were mohammadans and section 13 of the hindu minority and guardianship act, 1956 did not apply there.4. by virtue of section 2 of the hindu minority and guardianship act, the courts are obliged to read together and harmonies the provisions of section 19 of the guardians and wards act and of section 13 of the hindu minority and guardianship act, construing them together the rigour of the prohibition ..... contained in clause (b) of section 19 of the guardians and wards act ..... must be considered to have been relaxed to a great extent in the interest of the minor's welfare as laid down in section 13 of the hindu minority and guardianship act.5. this view was taken in the following decisions:--jot ram v. taru ram, ilr ..... this is a 'revision application by the father of two minor boys above the age of five years against an order of the district judge, jaipur city, jaipur, appointing their grandfather as their interim guardian under section 12 of the guardians and wards act (hereinafter referred to as the act).2. the parties are hindus and there is no finding .....

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May 10 2000 (HC)

Smt. Chandra Kanta Vs. Superintendent of Police and ors.

Court : Rajasthan

Reported in : 2000CriLJ3138; 2000(3)WLC667

..... guardians of a child and they are entitled to the custody of their minor child by virtue of the provisions of section 6 of the hindu minority and guardianship act, 1956. section 6 of the act is clear, which provides that in the case of a minor boy, the father and after him, the mother is the guardian and ..... normally the father is entitled to the custody of the minor but the custody of a minor who has not completed ..... the child (1 1/2 years), was in the custody of father after estrangement. keeping in view that both the parents were natural guardian and minor's welfare was the paramount consideration, their lordships directed an enquiry to be held by the district judge on the question as to whether the custody ..... a division bench of the madhya pradesh high court has clearly observed that since the other relations having no legal right to the custody of a minor, their refusal to return the boy to the petitioners (parents) results in an illegal detention of the boy. we fully concur with the view taken ..... it is stated that the petitioner is unemployed lady having no source of income and, therefore, she is not in a position to maintain her minor child. it is averred that the petition involves disputed questions of facts which can be determined only after recording the evidence of the parties and the .....

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Nov 01 1988 (HC)

Tara Chand Mavar Vs. Smt. Basanti Devi

Court : Rajasthan

Reported in : 1988WLN(UC)500

..... the child to develop his personality.9. section 6 of the hindu minority and guardianship act, 1956 (for short 'the act of 1956') deals with natural guardian of a hindu minor child, which reads as under:section 6. natural guardians of a hindu minor--the natural guardians of a hindu minor, in respect of the minor person and in respect of the minor's property (excluding his or her undivided interest to joint ..... by virtue of the provisions of this act or of any law relating to guardianship in marriage among the hindus, if the court is of opinion that ..... 2] no person shall be entitled to the guardianship ..... 11. section 13 of the act of 1956, provides the considerations which have to be kept in view in regard to appointment of guardian, which reads as under:13. welfare of minor to 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;[ .....

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Sep 14 2001 (HC)

Satya Narayan and ors. Vs. Bihari Lal and ors.

Court : Rajasthan

Reported in : RLW2003(1)Raj406; 2002(1)WLN286

..... and guardianship act, 1956 (hereinafter referred to as 'the act of 1956'), the natural guardians of hindu minor include a natural guardian, testamentary guardian and certificated guardian.11. thus, according to law, father is ..... natural guardian and next to him is mother.12. in the present case, father of the minor children is in jail and their ..... subordinated to and even overridden by the sole consideration that the welfare of the minor is to be determinative factor in all these matters of guardianship, meaning thereby sole criteria for appointment of guardians of minors and keeping their custody is the wishes of the minors and they are paramount consideration of their welfare. for that the decision of ..... minor children has to be discussed here.9. the term 'guardian' has been defined in sub-section (2) of section 4 of the guardians and wards act, 1890 (hereinafter referred to as 'the act of 189) and 'guardian' means a person having the care of the person of a minor or of his property, or of both his person and property.10. according to hindu minority .....

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