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Judgment Search Results Home > Cases Phrase: hindu minority and guardinship act 1956 section 13 welfare of minor to be paramount consideration Page 1 of about 276 results (0.111 seconds)

Sep 04 1981 (HC)

Smt. Pushpa Devi Vs. Kishanlal

Court : Rajasthan

Reported in : 1981WLN(UC)304

..... ) ...section 13 of the act of 1956 deals with the welfare of minor to be paramount consideration. it read as follows: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 guardianship by virtue of the provisions of this act or of any law relating to guardinship ..... in marriage among hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor.the learned district ..... relevant factors having a bearing on the minor's welfare.(emphasis added).here, it will not be irrelevant to notice section 6 of the hindu minority and guardianship act, 1956 (for short 'the act of 1956') dealing with natural guardian of a hindu minor, material portion of which is as under;section 6 natural guardians of a hindu minor-the natural guardians of a hindu minor, in respect of the minor's person as in respect of .....

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Aug 08 2008 (SC)

Nil Ratan Kundu and anr. Vs. Abhijit Kundu

Court : Supreme Court of India

Reported in : 2008(6)ALD105(SC); 2008(5)ALT33(SC); 2009(1)AWC377(SC); (SCSuppl)2008(4)CHN32; [2009(1)JCR6(SC)]; JT2008(8)SC592; (2008)7MLJ248(SC); 2009(II)OLR(SC)319; 2008(11)SCALE437; 2008AIRSCW5769; 2008(9)SCC413

..... committed, the first and the paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute. indubitably the provisions of law pertaining to the custody of child contained in either the guardians and wards act, 1890 (section 17) or the hindu minority and guardianship act, 1956 (section 13) also hold out the welfare of the child are predominant consideration. in fact, no statute on ..... the subject, can ignore, eschew or obliterate the vital factor of the welfare of the minor. the question of welfare of the minor child has again to be considered in the background of ..... .45. in surinder kaur sandhu (smt.) v. harbax singh sandhu : [1984]3scr422 , this court held that section 6 of the hindu minority and guardianship act, 1956 constitutes father as a natural guardian of a minor son. but that provision cannot supersede the paramount consideration as to what is conducive to the welfare of the minor. [see also elizabeth dinshaw (mrs.) v. arvand m. dinshaw : [1987]1scr175 ; chandrakala menon (mrs.) v .....

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May 12 2008 (SC)

Mausami Moitra Ganguli Vs. Jayant Ganguli

Court : Supreme Court of India

Reported in : AIR2008SC2262; 2008(5)ALLMR(SC)948; 2008(4)ALT56(SC); 2008(4)BomCR816; (2008)4CALLT26(SC); (SCSuppl)2008(3)CHN59; JT2008(6)SC634; 2008(2)KLT959(SC); (2008)6MLJ128(SC); 2008AIRSCW4043; 2008(7)SCC673; 2008(3)LH(SC)1851; (2008)7SCC673

..... the paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute. indubitably the provisions of law pertaining to the custody of a child contained in either the guardians and wards act, 1890 (section 17) or the hindu minority and guardianship act, 1956 (section 13) also hold out the welfare of the child as a predominant consideration. in ..... fact, no statute, on the subject, can ignore, eschew or obliterate the vital factor of the welfare of the minor. the question of welfare of the minor child has again to be considered ..... 13), the law pertaining to the custody and maintenance of children has been succinctly stated in the following terms:809. principles as to custody and upbringing of minors. where in any proceedings before any court, the custody or upbringing of a minor is in question, the court, in deciding that question, must regard the welfare of the minor as the first and paramount consideration ..... against the said decree, it attained finality.5. on 5th april, 2003, the appellant moved a petition under sections 10 and 25 of the guardians and wards act, 1890 read with the provisions of the hindu minority and guardianship act, 1956 before the family court, allahabad seeking a declaration in her favour to be the lawful guardian of her .....

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Apr 09 1975 (HC)

Parmeshwar Sarup Vs. Smt. Madhu

Court : Rajasthan

Reported in : 1975WLN(UC)121

..... made the girl had not completed five years of age. he, however, placed reliance on section 13 of the hindu minority act which reads as follow:section 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 guardianship by virtue of the provisions ..... to the welfare of the child if guddu is allowed to stay with her mother. it took notice of the fact that she was taking good education in english medium school and properly looked after by her mother. parmeshwar sarup has assailed this order.8. on behalf of the appellant much stress was laid on section 6 of hindu minority and guardianship act, 1956 (hereinafter referred ..... to as 'the minority act'). reliance, has been placed on clause (a) of section 6. it reads as under:section 6--natural guard an of a hindu minor: the natural guardians of a hindu minor, in respect of the minor's person as will as in respect of the minor's property (excluding his or her undivided .....

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Jan 16 2009 (HC)

Mohan Kumar Rayana Vs. Komal Mohan Rayana

Court : Mumbai

Reported in : 2009(3)BomCR308; 2009(111)BomLR979; 2009(2)MhLj868

..... rights of their respective parents over them.10.3. in smt mohini v. virender kumar : air1977sc1359 , the supreme court, while dealing with the provisions of section 13 of the hindu minority and guardianship act,1956, observed that welfare of the minor to be paramount consideration while deciding the question of custody. in this case mother was ultimately declared entitled to guardianship and custody of 11 years old child and the ..... father was given access to the child.10.4. in smt surinder kaur sandhu v. harbax singh sandhu : [1984]3scr422 , while dealing with section 6 of the hindu minority ..... paramount consideration. the court while deciding the issue of custody of a minor, should take into account the totality of the circumstances, keeping in view the welfare of the minor as the first and foremost consideration. this court in shantabai sonu barathe v. gautam vishnu shellar (1994) 2 mh.l.j.1879, after considering the provisions of sections 6, 17(3) and 25 of the hindu minority and guardianship act,1956 .....

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Feb 14 1969 (HC)

Chander Prabha Vs. Prem Nath Kapur

Court : Delhi

Reported in : AIR1969Delhi283; ILR1969Delhi291

..... , 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. even in cases where the father is declared to be ..... 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 act no. 8 of 1890 and its provisions must prima facie govern the present case. section 6 of ..... this act, which reads .....

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Sep 22 1975 (HC)

Puran and ors. Vs. Angoori

Court : Delhi

Reported in : ILR1976Delhi337

..... the factors a court shall consider and have regard to in weighing all the circumstances that are of any relevance. section 13 of the hindu minority and guardianship act 1956 enacts that the pre-eminent or the dominant consideration shall be the welfare of the minor. in mulla's hindu law 14th edition at page 964 it is said:the proposition is now firmly established that even the preferential right ..... ; scc j v. c, 1970 a.c. 668 (2).(34) 7 v. c (supra) is the outstanding landmark in child law. the english act of 1925 had declared that the first and paramount consideration in custody disputes was the welfare of the infant but it had been assumed that this principle only applied to disputes between natural parents. j v. c held the principle ..... are taken into account and weighed, the course to be followed will he that which is most in the interests of the child's welfare.... that is the first consideration because it is of first importance and the paramount consideration because it rules on or determines the course to be followed.(38) the interpretation of the majority is to be welcomed for the attention ..... .(30) firstly it is a case where the natural right of the mother to claim the custody of the child must in the circumstances be subordinated to the paramount consideration of the welfare of the minor child. the mother's right is not absolute. it is a qualified right subject to her fitness, her character, conduct and position in life. in my opinion angoori .....

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Feb 18 1997 (HC)

Pravat Kumar Saha Vs. Dilip Pramanick

Court : Kolkata

Reported in : AIR1997Cal326,II(1997)DMC587

..... provisions of the said act shall be in addition to, and not, save as expressly provided in derogation, of ..... trial court within whose jurisdiction the minor resided was competent to appoint a guardian of the said minor. the division bench held that in making the appointment of any person as a guardian of the minor by a court, in view of section 13(1) of the hindu minority and guardianship act, 1956 the welfare of the minor shall be the paramount consideration. section 2 of the hindu minority and guardianship act, 1956 has laid down that the ..... considered as well a sits physical well-being. nor can the tie of affection be disregarded.' section 13 of the hindu minority and guardianship act, 1956 laid down that for 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. merely because the father is poor and the person who seeks to have the guardianship and .....

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Mar 27 2007 (HC)

Ramakrishna Balasubramanian, Rep. by His Duly Attested Power Agent P.R ...

Court : Chennai

Reported in : AIR2007Mad210; 2008(1)MhLj801

..... willfully violated any order of the competent court.22. a bare reading of section 13 of the hindu minority and guardianship act, 1956 and the various decisions noticed earlier, leaves no room for doubt that notwithstanding the so called right of either parents to be the guardian, ultimately the welfare of the minor is of paramount consideration. the decisions which have been noted, only emphasis this aspect. the question as ..... so low as not to enable her to take reasonable care of the boy.9. 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 to the welfare of the minor. as the matters are presented to us today, the boy, from his own point of ..... the petitioner or even by respondent no. 1 have not focussed on the paramount consideration relating to welfare of the minor and both the parties are relying upon their so called rights. father is relying upon the fact that under section 6 of the hindu minority and guardianship act, he is the guardian of the minor child. he is also harping upon the interlocutory order passed by the american .....

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Apr 26 1972 (HC)

Smt. Gheesi Vs. Shri Rama

Court : Rajasthan

Reported in : AIR1972Raj256; 1972()WLN315

..... his or her guardianship will not be for the welfare of the minor. this section emphasises that the powers of the court are to be exercised for the welfare of the minor which 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 ..... be the guardian, provided that the custody of a minor who has not completed the age of 5 years shall ordinarily be with the mother. section 13 of this act 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 be the paramount consideration and no person shall be entitled to the guardianship by ..... virtue of the provisions of this act or of any law relating to guardianship in marriage .....

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