Court : Andhra Pradesh
Decided on : Jun-27-1995
Reported in : 1995(3)ALT1; I(1996)DMC48
..... tried to draw the distinction that since the transaction was over under ex. b.4, there was no question of ex. a.2 being hit by section 11 of the hindu minority and guardianship act, 1956. the same reasoning given above in regard to the legal implications might answer this contention also. since both the transactions are independent and distinct, the operation of the law ..... examination of the rival contentions of the learned advocates, this court will examine the legal consequences. beyond any pale of controversy or doubt, the hindu minority and guardianship act, 1956, which came into force on 25.8.1956 is not retrospective (p. 1070, hindu law mulla supra).25. on facts and in law, exs. a.2 and b.4 cannot be called as the same transaction. the ..... law leading to modification of the same by virtue of section 11 of the hindu minority and guardianship act, has made the consequences as void and void ab initio. the statutory law regarding guardianship till hindu minority and guardianship act, 1956, came into force on 25.8.1956 appears to be only guardian and wards act, 1890 and the indian majority act. that was to be read along with the personal law like .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-06-1995
Reported in : II(1995)DMC7
..... section 25 of the guardians and wards act.8. this court has also given its anxious consideration to the welfare of the children in ..... of the expression 'all guardians' included in section 25 of the guardians and wards act, this court feels that if a word is removed from the custody of any of the guardians as contemplated under section 4(2) of the act coupled with section 6 of the hindu minority and guardianship act, 1956, such guardian can complain to the court and can ask for an order under ..... section includes a natural guardian or even a defacto guardian. reference was also made about hindu minority and guardianship act where in case of a minor son and daughter, number of guardians have been sought to be included. section 6 of the hindu minority and guardianship act deals with natural guardian of a hindu minor and the court's attention was drawn to the prefix of proposition of v which ..... same may be necessitated for interim protection of person and property of the minor. chapter ii of the said act deals with question relating to appointment or declaration of guardians and sections 5 to 19 of the said act are included in the said chapter to modulate the guardianship proceeding. chapter iii deals with duties, rights and liabilities of the guardian and section .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-05-1995
Reported in : I(1996)DMC341; (1995)110PLR370
..... hoshiarpur thereby he will be depriving the child of the care, love and affection of both the parents.10. no doubt under section 6 of the hindu minority and guardianship act, 1956 father is the legal guardian of a minor son. the natural and legal guardian of children have duty of looking after, upbringing, making proper arrangement and providing maintenance to them. now appellant has filed ..... with all love and affection. she is well educated. the petitioner- appellant's family is also residing at hoshiarpur. no doubt under section 6 of the hindu minority and guardianship act, 1956, the appellant is natural guardian of the minor but considering the paramount welfare of the child, the lower court thought it proper that the custody be with the mother at the present moment. the ..... being in the custody of the mother. hence the petition was dismisses.6. during arguments the appellant pressed strongly that when he filed the petition under section 9 of the hindu marriage act, she came round but in that proceedings also she claimed maintenance for herself alleging that she has no independent source of income. she filed two petitions under section 125 ..... . estrangement between the two commenced even before the birth of the son. vicky was born at respondent's parental home. he filed a petition under section 9 of the hindu marriage act in july, 1989 but was withdrawn as the respondent agreed to join the matrimonial home. at that time for four days she lived with him but she left the nupital .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-10-1995
Reported in : AIR1995SC1531; 1996(1)ALD(Cri)929; 1995(2)ALT(Cri)50; 1995(43)BLJR898; 1995CriLJ2926; II(1995)DMC351SC; JT1995(4)SC331; 1995(3)SCALE286; (1995)3SCC635; Supp1SCR250; 1
..... '. the reasons are too obvious to be stated. the utmost that has been done is to codify the hindu law in the form of the hindu marriage act, 1955, the hindu succession act, 1956, the hindu minority and guardianship act, 1956 and the hindu adoptions and maintenance act, 1956 which have replaced the traditional hindu law based on different schools of thought and scriptural laws into one unified code. when more than 80% ..... about that atmosphere which paved the way for sati abolition. nor is a statesman of the stature of pt. nehru who could pilot through, successfully, the hindu succession act and hindu marriage act revolutionising the customary hindu law. the desirability of uniform code can hardly be doubted. but it can concretize only when social climate is properly built up by elite of the ..... converted to islam. there was no automatic dissolution of the marriage.15. the position has not changed after coming into force of the hindu marriage act, 1955 (the act) rather it has become worse for the apostate. the act applies to hindus by religion in any of its forms or developments. it also applied to buddhists, jains and sikhs. it has no ..... application to muslims, christians and parsees. section 4 of the act is as under :overriding effect of act. - save as otherwise expressly provided in this act, - (a) 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 .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Nov-06-1995
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 .....Tag this Judgment!
Court : Chennai
Decided on : Nov-24-1995
Reported in : 1996(1)CTC284
..... .p.c. and also the provisions of sections 6 to 8 of the hindu minority and guardianship act, 1956. having held that the properties are joint family properties and the family is still united ..... , the courts below should not have invoked the provisions of the hindu minority and guardianship act, in these proceedings.7. in these proceedings, we are governed only by the first principles of ..... not the natural guardian in respect of such property?and2. whether the mother can represent her minor son as guardian when rather is alive, with regard to undivided interest m joint family property for partition of the same in view of section 6 of the hindu minority and guardianship act, 1956?'6. according to me, the courts below have misconstrued the provisions of order 32, c .....Tag this Judgment!
Court : Chennai
Decided on : Feb-27-1995
Reported in : (1995)2MLJ273
..... to the welfare of the minor....in rosy jacob v. jacob a. chakramakkal : 3scr918 , their lordships held thus. ..... so, the physical or material comfort by itself is not the welfare of the minor.12. in surinder kaur sandhu v. harbax singh sandhu : 3scr422 , their lordships had thus:section 6 of the hindu minority and guardianship act, 1956 constitutes the father as the natural guardian of a minor son. but that provision cannot supersede the paramount consideration as to what is conducive ..... section 25 of the guardians and wards act contemplates not only actual physical custody but ..... is not sufficient to have the custody. the parties arc hindus governed by hindu minority and guardianship act. as per section 6 of the said act the natural guardians are the father and mother of a minor child. as per the provisions of the said act, no rights are created. it only creates obligations on the parents in regard to their children. .....Tag this Judgment!
Court : Chennai
Decided on : Oct-31-1995
Reported in : 1995(2)CTC510
..... first respondent, the mother of the child. the only grievance was that since the child is above five years, under the provisions of the hindu minority and guardianship act, 1956, the father is the natural gurardian and hence the custody should be handed to him. we are not impressed by this submission and also we ..... cannot accede to this request. if he is entitled for the custody of the minor child, he has to go before the proper forum ventilating his grievance ..... that by her conduct of abandoning the petitioner in the hospital during the critical hours of his life, first respondent conducted hereself as unbecoming of a hindu wife, by taking away all his properties from his house and refusing to show his children to him, she had inflicted mental cruelty on him. ..... wife took away all his properties and house hold untensils and left for her native place without his consent and knowledge, abandoning her obligation as a hindu wife, by leaving him in lurch and but for the tizely help of his parents, his life would have been ended.3. the affidavit further ..... stated that he is an assistant inspector in internal audit department at vellore and the first respondent is his wife having married her according to hindu rites and customs on 10.5.1987, that of the said wedlock three children were born, the first child by name vinodha is aged seven .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-22-1995
Reported in : AIR1996Bom134; 1996(1)BomCR553; (1996)98BOMLR591; 1996(1)MhLj892
..... in smt. mohini v. virendra kumar, reported at : air1977sc1359 , which was the case under the hindu minority and guardianship act, 1956, it was again reiterated by the supreme court that the welfare of a minor was the paramount consideration. considering all the facts of the case, it was found that the minor's welfare was financially and affectionately safer in the hands of the mother. (iii) again ..... which the father can have resort for his children's custody is s. 25..... but whether the respondent's prayer for custody of the minor children be considered under the guardians and wards act or under the indian divorce act, as observed by maharajan j., with which observation we entirely agree, 'the controlling consideration governing the custody of the children is the welfare ..... is of paramount consideration is the welfare of the child. section 4 of the guardians and wards act, 1890 is the defining section. it defines words such as 'minor', 'guardian', 'ward' etc. 'minor' is defined to be a person who, under the provisions of the indian majority act, 1875 is to be deemed not to have attained his majority. 'guardian' means a person having ..... at : 3scr918 , it has been observed that whether the proceedings were under one act or the other viz. the guardians and wards act or the indian divorce act (which was relevant in that case), what was of paramount consideration was the question of welfare of the minor. it may be useful to reproduce the observations in para. 14 of the supreme court .....Tag this Judgment!
Court : Allahabad
Decided on : May-26-1995
Reported in : AIR1996All90
..... the sale deed has been executed by his mother without obtaining permission of the district judge. subsection (3) of section 8 of the hindu minority and guardianship act provides that in disposal of immovable property by naturalguardian, in contravention of sub-section (1) or sub-section (2) is voidable at the instance of ..... the minor or any person claiming under him. in view of the said provision the sale deed, at the most, on this ground can ..... munsif etawah for cancellation of the sale deed dated 2nd september, 1977 to the extent of 1/3rd share on the allegation that the plaintiff was minor on the date of execution of the sale deed. the sale deed was executed by his mother without obtaining permission of the district judge and without ..... singh, bhopal singh and santpal singh in favour of daru singh. the sate deed on behalf of santpat singh was executed by his mother as he was minor at thattime. daru singh died and thereafter names of the petitioners were substituted in the revenue records.3. on 20th march 1982 santpal singh, respondent no. ..... that the civil court has no jurisdiction to try the suit and it was barred by section 331 of u.p. zamindari abolition and land reforms act. the trial court held that civil court had jurisdiction to try the suit and the said order has been affirmed in revision by respondent no. 1 .....Tag this Judgment!