Court : Orissa
Decided on : Mar-26-1974
Reported in : AIR1975Ori180
..... maintenance all these years, the learned lower court should have necessarily granted maintenance for the minor child. this argument though apparently sounds plausible, yet in law, is not sustain-able. according to section 6 of the hindu minority and guardianship act, 1956 the natural guardian of a hindu minor in respect of the minor's person as well as the properties is the father and after him the mother ..... , provided that the custody of the minor who has not completed the age of 5 years shall ordinarily be with the mother ..... singh v. sapurna kuer reported in atr 1968 pat 318 it has been held that - 'the mother has been described under section 6(a) of the act as a natural guardian of the hindu minor, but that is only after the father of a minor. as long as the father is alive the mother cannot claim to be the competent natural guardian of a ..... not very much different in regard to father and mother of a minor even before this new act came into force x x x. if the mother of a hindu minor is not a de facto guardian and if she cannot act as the natural guardian in presence of the father of the hindu minor, then, although section 11 may not be attracted in terms against the .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-15-1974
Reported in : AIR1975Kant87; ILR1974KAR671; 1974(2)KarLJ82
..... to lease out the suit land for a period of 10 years so far as the half share of the minor plaintiffs 1 and 2 is concerned since such an alienation offends the provisions of section 8(2) of the hindu minority and guardianship act 1956, and is therefore not binding on them. it is also alleged that the said lease deed is detrimental to the ..... interests of the minor plaintiffs and therefore not binding on their half share in the suit property. defendant 1 pleaded that in ..... provisions of section 8(2) of the hindu minority and guardianship act cannot override the provisions of the state act. his contention is that the mysore land reforms act having been enacted in exercise of the powers of the state legislature under item 18 of the state list of schedule vii of the constitution of india, and the hindu minority and guardianship act, 1956 having been enacted by parliament under the ..... powers conferred on it under item 5 of the concurrent list, the state act should prevail over the central act as provided in clause (2) of article 254 of the constitution, since the state .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-20-1974
Reported in : AIR1975Kant134; ILR1975KAR537; 1975(1)KarLJ306
..... judge, bangalore, on petition presented by the father of two minors under section 6 of the hindu minority and guardianship act 1956, hereinafter referred to as the h. m. g. act, read with section 7 of the guardians and wards act 1890, hereinafter referred to as the g. and w. act for custody of the minors.2. the parents of the minors were married in fab. 1962. after the marriage the ..... have them returned to him. we have to consider what will be the best interests of the minors.9. under section 6 of the h. m. g. act, the natural guardian of a hindu minor in respect of the minor's person as well as in respect of the minor's property is the father and after him is the mother. but the custody of a ..... minor who has not completed the age of 5 years shall ordinarily be with the mother. normally, the natural ..... her to go with him but she refused.4. having waited sufficiently long, he made an application in the court of the civil judge, bangalore under section 9 of the hindu marriage act, 1955 for restitution of conjugal right against the respondent. they arrived at a compromise under which the respondent agreed to live with the petitioner at bangalore. the petition was .....Tag this Judgment!
Court : Orissa
Decided on : Feb-25-1974
Reported in : AIR1974Ori184; 40(1974)CLT418
..... half share is concerned, as natural guardian the mother could alienate the same under the personal law. reliance, however, has been placed on section 8 of the hindu minority and guardianship act (xxxii of 1956). as far as material that section provides:-- '8 (1) ............... (2) the natural guardian shall not, without the previous permission of the court,-- (a) mortgage or charge, or transfer by sale ..... , gift, exchange or otherwise, any part of the immovable property of the minor, or (b) lease any part of such property for a term exceeding five years or for ..... his mother (see air 1966 sc 1523, g. bud-danna v. commr. of income-tax, mysore). at the time of the impugned alienation (ext. a), the minor and his mother were members of such a hindu joint family each of them having a moiety undivided interest in the property (as conceded in paragraph 1 of the plaint). the plaintiff asked for a ..... claimed that his mother was insane; the alienation of family property was without any legal necessity and not knowing the actual effect of her own acts the defendant no. 3 had made the alienation contrary to the minor's interest 3. the defendant no. 1 took the plea that the defendant no. 3 was not insane as alleged. she paid a consideration .....Tag this Judgment!
Court : Allahabad
Decided on : May-06-1974
Reported in : AIR1975All67
..... step-mother.the same result will follow even under the provisions of hindu minority and guardianship act of 1956 as sections 6 and 13 of that act read together only reaffirm the provisions of sections 7 and 17 of the guardians and wards act that in appointing a guardian of a minor the welfare of the minor is the main consideration.'9. in : air1955mad451 it has been laid down ..... as under;--'in deciding the question of custody, the welfare of the minor is ..... punj 367. in 1969 all lj 799 (supra) it has been laid down:--'a careful analysis of the personal law relating to guardianship and section 17 of the guardians and wards act lead to the following conclusions:(1) the court while deciding the question of guardianship of a minor must, as far as possible do so consistently with the personal law to which the ..... minor is subject.(2) where the dictates of personal law indicate one course of action and consideration of the welfare of the minor indicate another, the former .....Tag this Judgment!
Court : Delhi
Decided on : Feb-20-1974
Reported in : 1975RLR29
..... was done by the trial court that the custody be restored to the mother i think it will be plainly wrong. (14) the provisions of the guardian and wards act, and the hindu minority and guardianship act clearly point in one direction and it is this. of a male child of 10' years the father is the natural guardian. he does not require an appointment ..... their minority. but guardianship is in the nature of a sacred trust, as he cannot thereforee during bids life time substitute another to ..... enforce his right to that custody at any time, it is true that the rules regarding guardianship and custody of the minor are not rigid and inflexible. these are also subordinate to the paramount considerations of the welfare of the minor : see s. 6 of the hindu minority and guardianship act. (15) among hindus, as in england, the father is the natural guardian of his children during ..... avadh behari, j. (1) on 30th october, 1969 one om parkash made an application to the guardian judge for the custody of his minor son vijay kumar under s. 25 of the guradian and wards act. vijay kumar was living with his mother smt. pushpa. om prakash and smt. pushpa were married several years ago and this male child was born to them .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-05-1974
Reported in : 1974WLN202
..... is bound by this condition? in k. kamamma v. y. appanna : air1973ap201 it was held that where sale by a de facto guardian of minor's property is invalid being hit by section 11 of the hindu minority and guardianships act and the sale is later on ratified by either the natural guardian or title-holder, such subsequent ratification does not validate the sale which ..... . guru murthy v. raghu podhan : air1967ori68 .14. it may, however, be pointed out that the agreement ex. 7 in the present case is not hit by section 11 of the hindu minority and guardianships act, as it was made before the said act came into force. it appears to me that the agreement ex. 7 was made for the benefit of the ..... minor and mohanlal his guardian de facto in his prudence thought it fit that by entering into the said agreement the minor would be greatly benefited. the act of mohan lal in making the agreement ex. 7 ..... his interest or void ab initio.15. it is true that the doctrine of estoppel does not apply to minors and still less the court will hold a minor estopped by the acts and omissions of others. there is, however, another principle that a minor is not entitled to repudiate an agreement and yet retain the advantage derived by him under it. general principles .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-09-1974
Reported in : AIR1975P& H353
..... the haryana act are more explicitly stated than the punjab act and there is no ambiguity. the scheme of the act and every section of the act is vitally linked with agrarian reform. before dealing with ..... . that the definitions given in the act are for the purpose of this act only and the provisions of the act have an overriding effect as against all other laws. this act does not purport to touch the provisions of any other legislation like the succession act, the hindu minority and guardianship act, guardians and wards act. transfer of property act or any other central act; and 6. that the provisions of ..... has also to be taken into account- company is not defined in the act or in the general clauses act. it is defined in the companies act, 1956, to mean a company formed and registered under that act or an existing company as defined in clause (ii) of section 3 of that act.the companies are of various kinds, namely, private company, public company and a ..... only to those parts of the state which were comprised in the state of punjab before 1st of november, 1956. the pepsu tenancy and agricultural lands act, 1955 applies to those territories of the erstwhile state of pepsu which now form part of the state of haryana. it has become essential that the law relating to ceiling .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-23-1974
Reported in : 1975CriLJ1131
..... judge made the observations reproduced above in the light of those facts that the learned magistrate should have applied his mind to the provisions of the hindu minority and guardianship act which clearly lays down that the custody of a child below the age of 5 years should ordinarily remain with the mother. in spite of ..... chief justice shri i. b. das, as he then was, had considered the provisions of section 6 of the hindu minority and guardianship act and its proviso. the proviso relates to the custody of the minor who has not completed the age of 5 years and the custody in such cases is ordinarily to be with the ..... right continues though she is divorced unless she marries a second husband in which case the custody belongs to the father. in case the minor is removed from her custody she can exercise her right by filing a suit and not by way of a proceeding under section 25 of the ..... runs as under:section 100 criminal p. c., is of course a provision of emergency, but this by itself does not mean that the magistrate acting under this section is to issue warrants of search automatically without applying his judicial mind to the allegations contained in the application and to the other material ..... mother. it has further come in evidence and wag accepted by the learned advocate for the applicant that an application under the guardians and wards act was preferred by the applicant after the maintenance decree to obtain the custody of son rashid but the same was dismissed.2. it is the .....Tag this Judgment!