Court : Rajasthan
Decided on : Aug-26-1969
Reported in : 1969WLN395
..... guardian of the boy in preference to the father as she would be a much better guardian than the step-mother.10. here, as provided in section 6 of the hindu minority and guardianship act, 1956, father is certainly natural guardian of the boy. the real mother of the boy is dead, the father of the boy has contracted a second marriage, the father himself ..... supported the impugned order of the court below.5. it is an admitted position that mst. kamla has already been married. under section 6 of the hindu minority and guardianship act, 1956, her husband became the lawful guardian of his minor wife. there remains, therefore, no question of the delivery of the custody of mst. kamala to the applicant taru ram, the only point that ..... act, 1890. the provisions of section 13 are much more stringent. it reiterates the salutary rule and is evidently intended to ..... . both the sections emphasis that the powers of the court are to be exercised for the welfare of the minors, which should be the paramount consideration in the appointment and declaration of any person as a guardian of a minor, section 13 of the hindu minority and guardianship act, 1956, is supplementary to the law relating to the guardians laid down in the guardians and wards .....Tag this Judgment!
Court : Delhi
Decided on : Feb-14-1969
Reported in : AIR1969Delhi283; ILR1969Delhi291
..... to the settled legal position and he seems to have missed the real point which demands consideration in such cases. the hindu minority and guardianship act no. 32 of 1956, designed to amend and codify certain parts of the law relating to minority and guardianship among hindus, which, in case of inconsistency, overrides all other laws, is otherwise supplemental to the guardians and wards ..... , they have a special responsibility in seeing that the welfare of the minor does nto suffer.all provisions of law pertaining to the appointment of guardians of minors and to their custody, whether contained in the hindu minority and guardianship act or in the guardians and wards act, both of which acts have to be read together, as provided by section 2 of the former ..... his natural mother, the court below was nto justified in depriving her of the minor childs custody and in entrusting it to the father. section 13 of the hindu minority and guardianship act, it may be remembered, lays down in clear terms that the welfare of the minor is to be considered by the courts in such matters to be the paramount consideration ..... act no. 8 of 1890 and its provisions must prima facie govern the present case. section 6 of this act, which reads as under:--6. 'natural guardians of a hindu minor .....Tag this Judgment!
Court : Delhi
Decided on : Apr-28-1969
Reported in : AIR1969Delhi304; 1969CriLJ1370
..... lekhi to vasudevan v. r. viswalaksmi : air1959ker403 according to which the right of the father to be the natural guardian of a hindu minor is recognised in section 6(a) of hindu minority and guardinaship act and he cannto be removed from his guardianship unless the court is satisfied that he is unable to continue to be the guardian. this decision does nto lay down that ..... mother of the child, was committing an offence in nto handing over the child to her husband. in regard to section 6 of the hindu minority and guardianship act, he has submitted that it is only the custody of a minor under five years of age which is given to the mother. the father, according to the learned counsel, remains a natural guardian of his ..... respect of minor's person as well as in respect of his property. but the proviso added to this rule relates to the custody ..... minor child and as such he cannto be held disentitled to the custody of his minor children, even though under five years of age.the argument seems to me to be wholly unacceptable. section 6 undoubtedly provides that the natural guardian of a hindu minor boy and an unmarried girl is the father and after him the mother. this guardianship is in .....Tag this Judgment!
Court : Delhi
Decided on : Mar-24-1969
Reported in : 5(1969)DLT619
..... if it is of the opinion that it will be for the wards's welfare. (5) according to section 6 of the hindu minority and guardianship act the natural guardian of a hindu minor in the case of a bov or an unmarried girl is the father and after him the mother; provided that the custody of ..... and is also entitled under section 6 of the hindu minority and guardianship act to retain the custody of the minor as she at present is of more than five years of age. it cannto be said that the ..... minor daughter, pinki, was removed, from the custody of a guardian, when she was removed from the custody of the ..... a minor who has nto completed the age of five years shall ordinarily be with the mother in this case, thereforee, the appellant is the natural guardian of the minor ..... no. 2 at it was nto correct to say that no one can be considered to be a guardian of a minor unless he has filed an application asunder section 7 of the act'. aggrieved by this order the fattier has come up in appeal. (3) although, the respondent mother, has been served .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-12-1969
Reported in : AIR1969Cal573,73CWN721
..... analogous matter, i delivered a judgment, sitting with my learned brother niyogi, j., as he then was, under sections 17 and 19 of the guardians and wards act. section 13 of the hindu minority and guardianship act has brought about a material change, so far as hindus are concerned. as held in the said decision, which is reported in bimala bala dasi v. bhagirathi shahu ..... minor, section 19 of the guardians and wards act will have, therefore, to be read subject to section 13 of the hindu minority and guardianship act, so far as hindus are concerned. we, therefore, have to consider whether in the ..... such considerations, it may, in the ultimate result, outweigh the otherwise paramount claim of the father, as will appear from the said decision. under the present law. namely, the hindu minority and guardianship act however, so far as this matter is concerned. section 13 of the said act makes it quite clear that, in all cases, irrespective of the status of the person, claiming the ..... more than 5 now. though under section 19 of the guardians & wards act, if the father is not unfit to be guardian of the person of a minor aged more than 5, the father should be the guardian, (vide 65 c. w. n, 1138) still under section 13 of the hindu minority and guardianship act, the prime and sole consideration will be the welfare of the .....Tag this Judgment!
Court : Chennai
Decided on : Dec-18-1969
Reported in : AIR1971Mad184
..... . there appears to be no difference in this respect between the mahomedan law and the hindu law or even english law. the following passage in the privy council decision in annie ..... in the decision that there is no legal impediment preventing a person other than a legal guardian, for example, a trustee or a person acting as such trustee, from accepting a gift on behalf of a minor and taking possession and that such an acceptance will not make the gift invalid. it has been held in that decision that since the father ..... of the donor was that the adult son should act in respect of the gifted properties for the minor son. it has been held in the above bench decision that under the mohammedan law, it is competent for the father, who is the natural guardian of his minor children, to divest himself of the guardianship by delegating it to a fit and proper person ..... bear in mind that when the old and admittedly authoritative texts of mohammedan law were promulgated there were not in the contemplation of any one any transfer of property acts, any registration acts, any revenue courts to record transfers of the possession of land, or any zamindari estates large or small, and that it could not have been intended to lay down .....Tag this Judgment!
Court : Chennai
Decided on : Dec-19-1969
Reported in : AIR1970Mad427; (1970)2MLJ539
..... mad lj 68 the bench, in a very short judgment, held that a person who is residing outside british india cannot be appointed as guardian of the minor under the act, and as such refused to interfere, in her favour, with the order passed by the learned district judge. it is important to note that this ..... , at page 440, as below:"according to the older law, neither the putative father nor the mother of an illegitimate child had the legal right of guardianship, but the tendency of the modern law is to recognise the mother not only as the natural but the legal guardian of her bastard child and entitled ..... the court lacks jurisdiction. we are, therefore, of the view that the decision in (1912) 22 mad lj 68 which dealt with a case of declaration of guardianship, and the later decision in ilr 54 mad 758 = (air 1931 mad 478) which dealt with a case of appointment of a guardian, are distinguishable and ..... regarding the right of the appellant to maintain this petition. since the parties are anglo-indians, the two systems of personal law prevalent in this country, the hindu law and the mohame-dan law, will not apply to them. both before ismail, j. and before us, arguments proceeded on the accepted basis that the ..... to deliver the child to the mother, she can apply under section 25 of the act for custody.in mt. parem kaur v. banarsidas, ilr 15 lah 630 = (air 1934 lah 1003) it was held that under the hindu law as the obligation to maintain the illegitimate children was upon the putative father, he .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1887)ILR9All253
..... of 1875), as his adoptive mother, nem kuar, subsequent to the death of her husband chandan, had obtained a certificate of his guardianship under act xl of 1858. the plea of the plaintiff's minority has not been repeated here, but the evidence taken upon it has been utilized as affording ground for the contention pressed upon us by the learned pandit in ..... said, the authors of the dattaka chandrika and the mayukha solemnly declare that such a passage does not exist in the purana; and this view is favoured not only by minor original hindu authorities, but also by the conclusions of mr. colebrook himself, as shown by the passages which i have already cited. and under such circumstances, i think the conclusion at ..... more schools or sects of jurisprudence which, having adopted for their chief guide a favourite author, have given currency to his doctrine in particular countries, or among distinct hindu nations, for the whole hindu people comprise divers tongues, and the manners and opinions prevalent among them differ not less than their language.' the result of this method of legal development has been ..... to consider the various authorities on the subject, and adopting the opinions of sir william macnaghten and sir thomas strange, laid down the general principle of law that where the hindu shastras contain provisions directory in their nature with reference to the specification of certain relations as eligible for adoption in preference to others, the doctrine of factum valet applies, and .....Tag this Judgment!
Court : Allahabad
Decided on : Dec-31-1969
Reported in : (1896)ILR18All176
..... family to take out a certificate of guardianship of the person and interest of a minor member of that family. it was believed to be the law that such ..... rate, the chances are that any one advising baldeo singh would have advised him that he should apply for and obtain a certificate of guardianship for his minor cousin, and that although the family was joint.13. in 1282, 1283 and 1284 fasli a settlement was proceeding. it was the ..... died in 1874. the plaintiff, who was his son, was a minor of lender years--some four years old--at that time. baldeo singh acted as the guardian of his minor cousin, the plaintiff. he obtained a certificate of guardianship, and from that fact the subordinate judge draws the inference that ..... baldeo and the plaintiff were separate. the subordinate judge had either never heard or had forgotten that it had been decided prior to 1874 by the high court of these provinces that it was a proper and legal act ..... for a member of a joint hindu .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-14-1969
Reported in : AIR1970AP440
..... satyanarayana rao, j., was in that case dealing with a surrender made on behalf of a minor hindu widow by the father as her guardian. the learned judge applied the principal well known to hindu law, that a surrender by a widow is not a transfer. she simply withdraws herself form the ownership and ..... the earlier authorities, the learned judge observed: 'thus, it is amply clear that even where there is a legal guardian in existence, any alienation of minor's property by a de facto guardian would be valid if it is for necessity.' 27. in the case on hand, the alienation was not for ..... never made available to the plaintiff and they were in fact suppressed by the ist defendant who is charged with having taken undue advantage of the minority of the plaintiff by abusing the fiduciary capacity in which he was placed. it is also said that the moneys realised by the sales were never ..... no longer effect the alienations as the legal guardian and therefore, the sales are void and do not come within the purview of art. 44 of the limitation act, 1908. 17. it was pressed before us that the case is governed by the ratio of the decision in ethilavulu ammal v. pethakkal, : air1950mad390 , ..... settled jointly on the minor and his mother and the minor was described in the deed of settlement as being under her protection. the learned judges observed at page 875: 'the son was to live with his mother. it may be that the zamindar did not part with his guardianship altogether and that the .....Tag this Judgment!