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Judgment Search Results Home > Cases Phrase: hindu minority and guardianship act 1956 Year: 2015 Page 1 of about 37 results (0.041 seconds)

Nov 30 2015 (HC)

V. Vinod Kumar Vs. V. Arunadevi

Court : Chennai

Decided on : Nov-30-2015

..... 'ble division bench of the kerala high court, at paragraph 4, held as follows: "4. section 6 of the hindu minority and guardianship act, 1956 states that the natural guardian of a hindu minor in respect of the minor's person as well as in respect of the minor's property are in the case of a boy or an unmarried girl, the father, and after him, the mother ..... to be set aside. however, the respondent is at liberty to seek for remedy either under section 26 of the hindu marriage act, 1955 or under section 7 of guardians and wards act, 1890, r/w. sections 6 and 13(2) of hindu minority and guardianship act, 1956. ? 103. one of the provisions, which this court applied to the facts and circumstances of the reported case and ..... . learned counsel for the wife/mother further submitted that there is no procedural irregularity in entertaining a petition under the domestic violence act. according to her, section 6(a) of the hindu minority and guardianship act, 1956, states that the custody of minor, who has not completed the age of 5 years, shall ordinarily be with the mother and therefore, the husband/father is having illegal ..... court or the district court in a proceeding arising under section 25 of the guardians and wards act read with section 6 of the act or for matrimonial relief. ? 79. no doubt, an application under section 25 of the hindu minority and guardianship act, 1956, read with section 6 of the act, is maintainable, still the rights of the wife/mother, to seek for interim custody of the .....

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Dec 01 2015 (HC)

Indra Vs. B.G. Giri

Court : Chennai

Decided on : Dec-01-2015

..... issue as to who is the natural guardian is to be determined with reference to the hindu minority and guardianship act, 1956, and not as per hindu law. in fact, the ingredients of hindu minority and guardianship act, 1956 overrides the hindu marriage act, 1955. 49. coming to the aspect of custody of the minor child hanuraghav, it is to be pertinently pointed out by this court that the childas ..... child of tender age in terms of section 26 of the hindu marriage act, 1955 in the case of a hindu, a court of law 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. sub section (1) of the section specifies that in the ..... at page 97. it is needless for this court to state that after completion of five years, automatically, the right of father as a natural guardian under hindu minority and guardianship act, 1956 revives and prevails over the right of the mother as opined by this court. since the welfare of the child is paramount consideration in deciding the custody of ..... the child and even though the respondent/husband is the natural guardian of the minor child according to the relevant provision contained in hindu minority and guardianship act, 1956, r/w guardianship and wards act, 1890, this court considering the welfare of the minor and also taking note of the fact that the child is taking treatment for his learning disability .....

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Apr 29 2015 (HC)

Mohd Shahnawaz Zaheer Vs. Government of Nct of Delhi

Court : Delhi

Decided on : Apr-29-2015

..... dicta of the supreme court in madhegowda (dead) by lrs v. ankegowda (dead) by lrs and ors., (2002) 1 scc178which holds that section 12 of the hindu minority and guardianship act, 1956: carves out an exception to the rule that should there be no adult member of the joint family in management of the joint family property, in which the ..... benovolent trust . therefore, in compliance of the court?s previous directions and to discharge the obligation of guardian as contemplated under section 13 of hindu minority and guardianship act, 1956 read with section 7 of the guardian and wards act, 1890, the plaintiff requests that all banks, financial institutions and insurance companies be directed to make all payments, maturity or redemption amounts etc ..... would see that there is no impediment apropos the suit being decreed. there is no bar under the provision of section 13 of hindu minority and guardianship act, 1956 read with section 7 of the guardian and wards act, 1890 to the appointment of the plaintiff as the guardian of the children, i.e., master ayush dayal and baby prarthana dayal and ..... the guardian appointed or declared as aforesaid have ceased under the provisions of this act. .... .... .... .... the hindu minority and guardianship act, 1956 1. . welfare of minor to be paramount consideration.- (1) in the appointment of declaration of any person as guardian of a hindu minor by a court, the welfare of the minor shall be the paramount consideration. (2) no person shall be entitled to the .....

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Jul 21 2015 (HC)

Rama and Others Vs. Sharadha

Court : Karnataka Dharwad

Decided on : Jul-21-2015

..... to the child. ? 42. the provisions of sections 7, 9, 12, 13, 17 and 25 of the guardians and wards act, 1890, and section 6 of the hindu minority and guardianship act, 1956, makes it manifestly clear that the paramount consideration is the welfare of the minor child and not statutory rights of the parents. the problem has to be solved rather with a human touch. in ..... parental house at honavar and the respondent/mother is the natural guardian in respect of her children, who are minors. as per section 6(a) of the hindu minority and guardianship act, 1956 (32 of 1956), the father, and after him, the mother is the natural guardian of the minor children and as on the date of the application filed for custody, the age of the children was ..... as to whom the custody should be given. 36. the provisions of section 13 of the hindu minority and guardianship act, 1956, 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. (2) no person shall be entitled to the ..... marriage among hindus, if the court is of the opinion that his or her guardianship will not be for the welfare of the minor. ? 37. while considering the provisions of section 13 of the hindu minority and guardianship act, 1956, interpreting section 13, the hon'ble supreme court, in the case of gaurav nagpal vs. sumedha nagpal, reported in (2009) 1 scc 42, has held as .....

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Feb 17 2015 (SC)

Roxann Sharma Vs. Arun Sharma

Court : Supreme Court of India

Decided on : Feb-17-2015

..... thalbir was in mumbai. she filed criminal writ petition no.87 of 2013 which had been disposed of by orders dated 26.8.2013 noticing that proceedings under the hindu minority and guardianship act, 1956 (hmg act) were pending in goa and directing that the mother should have access to thalbir in mumbai at a place near the residence of the father. thereafter, as already ..... on 18.5.2013 before us, by the respondent, shri arun sharma (hereafter referred to as 'father') under section 6 of the hindu minority and guardianship act, 1956. in this petition the father has prayed inter alia that (a) the custody of the minor child, thalbir sharma be retained by him and that (b) by way of temporary injunction, the appellant before us (hereinafter referred ..... to as the mother) be restrained from taking forcible possession of the minor child thalbir from the custody of the applicant. these proceedings were ..... between the parties. section 6 of the hmg act is of seminal importance. it reiterates section 4(b) and again clarifies that guardianship covers both the person as well as the property of the minor; and then controversially states that the father and after him the mother shall be the natural guardian of a hindu. having said so, it immediately provides that the .....

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Jul 06 2015 (SC)

Abc Vs. State(Nct of Delhi)

Court : Supreme Court of India

Decided on : Jul-06-2015

..... to appreciate the manner in which the same issue has been dealt with in other statutes and spanning different legal systems across the globe.7. section 6(b) of the hindu minority and guardianship act, 1956 makes specific provisions with respect to natural guardians of illegitimate children, and in this regard gives primacy to the mother over the father. mohammedan law accords the custody of ..... refused to accept an application for a fixed deposit in the name of the child signed solely by the mother. in the context of section 6 of the hindu minority and guardianship act as well as section 19 of the guardians and wards act, this court had clarified that in all situations where the father is not in actual charge of the affairs of the ..... the father who would be deemed to be absent for the purposes of section 6(a) of the hmg act and section 19(b) of the gw act. this court has construed the word after in section 6(a) of the hindu minority and guardianship act as meaning in the absence of be it temporary or otherwise or total apathy of the father towards the child ..... or even inability of the father by reason of ailment or otherwise. thus this court interpreted the legislation before it in a manner conducive to granting the mother, who was the only involved parent, guardianship rights over the .....

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Apr 16 2015 (HC)

Agra Bai and Another Vs. Rajendra Kumar Awadhiya and Others

Court : Chhattisgarh

Decided on : Apr-16-2015

..... and 3 would submit that the subject suit property was the joint family property and, as such, the provisions contained in sub section 2 of section 8 of the hindu minority and guardianship act, 1956 (henceforth hmga, 1956 ) are not attracted. he would further submit that the trial court relied upon the will allegedly executed by late bharat lal awadhiya in favour of plaintiffs have neither ..... the fact that no substantial question of law has been framed by this court regarding legal necessity. he would further submit that the provisions of section 8(2) of the hindu minority and guardianship act, 1956 (hence-forth hmga, 1956) is squarely attracted in the facts of the case as in disposal of immovable property by natural guardian, section 8(2) of the hmga ..... be held to of the exclusive owner-ship of plaintiffs 1 to 3? 2. whether in view of the fact that property was joint hindu family property, provisions of section 8(2) of the hindu minority and guardian-ship act, 1956 are attracted? (2) the imperative facts required for determination of above-stated substantial questions of law are as under:- [for the sake of convenience ..... , 1956 would be attracted and as such no such substantial questions of law are involved and this appeal deserves to be dismissed. (10) i have heard learned counsel appearing for the .....

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Jul 09 2015 (HC)

Baba Joginder Singh Vs. Amandeep Kaur

Court : Delhi

Decided on : Jul-09-2015

..... from the above it follows that an order of custody of minor children either under the provisions of the guardians and wards act, 1890 or hindu minority and guardianship act, 1956 is required to be made by the court treating the interest and welfare of the minor to be of paramount importance. it is not the better right ..... on account of her having no income of her own. section 3 of the 1956 act says that in the appointment or declaration of any person as guardian of hindu minor by a court, the welfare of the minor shall be the paramount consideration. this has to be kept in view while ordering ..... , even her residence is not known.7. learned counsel for the petitioner further submitted that considering the guardianship act, the trial court vide its order dated 11.04.2014 has ordered the custody of minor child to mother as the child was below 5 years on that date. now, the age of ..... the father to be the guardian of the property of the minor child but not the guardian of his person whilst the child is less than five years old. it carves out the exception of interim custody, in contradistinction of guardianship, and then specifies that custody should be given to the ..... learned counsel appearing on behalf of the petitioner submitted that the petitioner has been granted ex parte relief under section 9 of the hindu marriage act, 1955 (hereinafter to be referred as hma?) by the learned additional civil judge, senior division, jagraon, ludhiana, vide order dated 03.12.2013. despite, the respondent .....

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Jul 15 2015 (HC)

Samela and Ors Vs. State and Ors

Court : Rajasthan - Jodhpur

Decided on : Jul-15-2015

..... perpetuity, but being a juristic person, has a judicial status with the power of suing or being sued under the provisions of the hindu minority and guardianship act, 1956, immovable property of minor cannot be sold without the permission of the court and hence the deity lands cannot be alienated except for legal necessity after obtaining the permission of the court.46. the ..... so, to what extent?. answer:- no time limit has been fixed for reference under section 82 of the rajasthan land revenue act, 1956 and under section 232 of the rajasthan tenancy act, 1955 in respect of the land held by a hindu idol (deity), and thus a reference can be made within a reasonable time, which will depend upon the facts and circumstances of ..... ) in the manner that even if no time limit has been fixed for reference under section 82 of the rajasthan land revenue act, 1956 and under section 232 of the rajasthan tenancy act, 1955 in respect of the land held by a hindu idol (deity), a reference can be made within a reasonable time, which will depend upon the facts and circumstances of each ..... nature against the holder?. (v) whether any time limit can be fixed for reference u/s 82 of the rajasthan land revenue act, 1956 and u/s.232 of the rajasthan tenancy act, 1955 in respect of the land held by a hindu idol (deity). if so, to what extent?. .2. a large number of writ petitions are pending in the rajasthan high court .....

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Jul 15 2015 (HC)

Shri Shanti Nath Ji Sthan Deh Vs. the State of Raj. and Ors

Court : Rajasthan - Jodhpur

Decided on : Jul-15-2015

..... perpetuity, but being a juristic person, has a judicial status with the power of suing or being sued under the provisions of the hindu minority and guardianship act, 1956, immovable property of minor cannot be sold without the permission of the court and hence the deity lands cannot be alienated except for legal necessity after obtaining the permission of the court.46. the ..... so, to what extent?. answer:- no time limit has been fixed for reference under section 82 of the rajasthan land revenue act, 1956 and under section 232 of the rajasthan tenancy act, 1955 in respect of the land held by a hindu idol (deity), and thus a reference can be made within a reasonable time, which will depend upon the facts and circumstances of ..... ) in the manner that even if no time limit has been fixed for reference under section 82 of the rajasthan land revenue act, 1956 and under section 232 of the rajasthan tenancy act, 1955 in respect of the land held by a hindu idol (deity), a reference can be made within a reasonable time, which will depend upon the facts and circumstances of each ..... nature against the holder?. (v) whether any time limit can be fixed for reference u/s 82 of the rajasthan land revenue act, 1956 and u/s.232 of the rajasthan tenancy act, 1955 in respect of the land held by a hindu idol (deity). if so, to what extent?. .2. a large number of writ petitions are pending in the rajasthan high court .....

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