Skip to content


Judgment Search Results Home > Cases Phrase: hindu minority and guardinship act 1956 section 6 natural guardians of a hindu minor Page 1 of about 377 results (0.302 seconds)

Sep 04 1981 (HC)

Smt. Pushpa Devi Vs. Kishanlal

Court : Rajasthan

Reported in : 1981WLN(UC)304

..... 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 the minor's property (excluding his or her undivided interest to joint family property), are-(a ..... 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 judge has carefully scrutinised the evidence of the parties and, thereafter, held that it is in the interest and welfare of the minor omprakash to order the return of his custody to his natural guardian (father .....

Tag this Judgment!

Mar 09 2000 (HC)

Sardar Bhupendra Singh Vs. Smt. Jasbir Kour

Court : Madhya Pradesh

Reported in : AIR2000MP330

..... ). then he becomes sui juris (vyvaharagna).'11. the said rule has been given statutory expression under section 6 of the hindu minority and guardianship act, 1956 which provides thus :'the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's property excluding his or her undivided interest in joint familyproperty), are - (a) in the case ..... considered to be absent and the mother being a recognised natural guardian, can act validly on behalf of the minor as the guardian. such an interpretation will be the natural outcome of a harmonious construction of section 4 and section 6 of the hindu minority and guardianship act without causing any violence to the language of section 6a of the act.13-a. the supreme court has also taken into ..... the court is of opinion that his or her guardianship will not be for the welfare of the minor.' 12. section 6(a) of the hindu minority and guardianship act does give an impression that the mother can be considered to bethe natural guardian of the minor only after the lifetime of the father. but it is not disputed and otherwise well settled also that ..... the welfare of the minor in the widest sense is the paramount consideration and even during the lifetime of .....

Tag this Judgment!

Nov 24 2008 (HC)

Smt. Bhagyamma and ors. Vs. Smt. Ningarama and ors.

Court : Karnataka

Reported in : ILR2009KAR118; 2009(4)KarLJ404; 2009(1)KCCR410; 2009(4)KLJ404; 2009(2)AIRKarR14; AIR2009NOC1272.

..... the suit schedule properties. to address this question, it would be useful to examine the tenor of section 6, 8 and 12 of the hindu minority and guardianship act, 1956.section 6 above provides that the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are in the case of ..... a boy or an unmarried girl, the father, and after him, the mother.section 8 provides that the natural guardian of a hindu minor has ..... period of limitation prescribed for setting aside a transfer of the property made by their natural guardian, their widowed mother. that in so far as plaintiffs 3 & 4 are concerned even though were minors at the time of institution of the suit, under section 8 of the hindu minority and guardianship act, 1956, the alienation was at best voidable and not void, and since plaintiffs 1 &2 had .....

Tag this Judgment!

Aug 28 1970 (HC)

Smt. Radha Bai Vs. Surendra K. Mudaliar

Court : Karnataka

Reported in : AIR1971Kant69; AIR1971Mys69; (1970)2MysLJ377

..... 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; provided that the custody of a minor who has not completed the age of five years shall ..... minor child, as it is the question relating to the welfare of the child. it is only from the point of view of the welfare of the child that the court has to examine the facts and circumstances of the case and pass an interim order in regard to the custody of the minor child.6. section 6 of the hindu minority and guardianship act, 1956, provides that the natural guardians ..... of april, 1970 as well as an application for the custody of his daughter saraswathi.5. section 26 of the hindu marriage act empowers the court to pass interim orders in regard to custody, maintenance and education of minor children in any proceedings initiated under the act. section 26 does not indicate the circumstances which the court has to take into consideration for the .....

Tag this Judgment!

Mar 03 2004 (HC)

Smt. Radha Alias Parimala Vs. N. Rangappa

Court : Karnataka

Reported in : AIR2004Kant299; ILR2004KAR3212; 2004(3)KarLJ458

..... of the minor's person as well as in respect of the ..... minor's property (excluding his or her undivided interest in joint family property ..... custody of the guardian and in the opinion of the court, it must be in the interest and welfare of the minor that the minor should be returned to the custody of the guardian.12. in this case, the parties are hindus. section 6 of the hindu minority and guardianship act, 1956 deals with who are the natural guardians of a hindu minor. it reads as follows:'6. natural guardians of a hindu minor.--the natural guardians of a hindu minor, in respect .....

Tag this Judgment!

Jul 08 1958 (HC)

Munnibai Vs. Dhanush

Court : Mumbai

Reported in : AIR1959Bom243; (1958)60BOMLR1351; ILR1959Bom545

..... came into force on 25th august 1956, it is provided under section 6(a) that the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's property, would be the father in the case of a boy or ..... an unmarried girl, and after him, the mother; but the proviso says that the custody of a minor who has not completed ..... the age of five years shall ordinarily be with the mother. now, this act same into force after the decision of the trial court on 9th december 1955. but the proviso to section 6(a) of the act shows that even parliament took the view that though in the case of an unmarried girl, the natural guardian would be ..... as the guardian of her daughter who was about 2 1/2 years old and was given custody of the girl till she attained the age of 18 years, as the father had married a second time. in doing so, the madras high court followed the bombay case of 43 bom lr 79: : air1941bom103 .6. under the hindu minority and guardianship act (xxxii of 1956), which .....

Tag this Judgment!

Sep 24 2004 (HC)

Surabhai Ravikumar Minawala Vs. State of Gujarat

Court : Gujarat

Reported in : AIR2005Guj149; (2004)3GLR2709

..... answer is obviously in favour of the petitioner.7.2. apart from this, under the relevant statute viz. hindu minority and guardianship act, 1956, section 6 has defined natural guardian of a hindu minor. '6. natural guardians of a hindu minor :- the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint-family property), are - (a) in the case of ..... a boy or an unmarried girl - the father, and after him, the mother provided that the custody of a minor ..... resort. it is further averred in the petition that since the child is aged about 9 months, she is natural guardian of the child. she has for that purpose placed reliance on the provisions of section 6 of the hindu minority and guardianship act, 1956 [hereinafter referred to as 'the act']. in the end she has prayed that appropriate writ of habeas corpus be issued against respondent no. 2 .....

Tag this Judgment!

Jan 15 1963 (HC)

P.N. Ramachandra Iyer Son of P.S. Narayana Iyer Vs. S.V. Annapurni Amm ...

Court : Kerala

Reported in : AIR1964Ker269

..... , air 1949 fc 218. whatever might have been the position before 1956 when the law of natural guardianship of hindu minors was not under statutory regulation, there is no scope after the legislation of the act, 32 of 1956, for any person acting as de facto guardian of a hindu minor. section 11 of the act is only a provision 'ex abundanti cautela', not a recognition of their ..... claimed is to be restored in custody of the minor under section 25 of the guardians and wards act. she seems to have assumed that she is a natural guardian of the minor. in that assumption she has miserably erred in view of section 6 of the hindu minority and guardianship act. as the father is the guardian of the minor, not the mother, the latter's application for ..... she comes within one of the four classes of persons enumerated in its section 4 clause (b). it is not pretended that the applicant, the mother, comes under any of the three classes, other than natural guardians, specified in the section. in enumerating the natural guardians of a hindu minor section 6 of the act (quoted by the district judge in the passage cited supra) specifies ..... that the father is the natural guardian of a child and it is only after him, that is to say, after his .....

Tag this Judgment!

Apr 02 1998 (HC)

N. Palanisami Vs. A. Palaniswamy

Court : Chennai

Reported in : AIR1998Mad264; 1998(3)CTC158

..... right of the respondent as well as the welfare of the minor child. 7. there is no doubt that father is the natural guardian of the minor child. section 6 of the hindu minority and guardianship act, 1956 reads as follows: '6. natural guardians of a hindu minor- the natural guardians of a hindu minor's, in respect of the minor is person as well as in respect of the minor's property (excluding his or her undivided interest in joint ..... preference, the court may consider that preference. .. .. .. .. (5) the court shall not appoint or declare any person to be a guardianagainst his will.' as per section 6 of the hindu minority and guardianship act, 1956, the natural guardian of a hindu minor in respect of minor's person as well as in respect of minor's property; in case of an unmarried girl is the father. the disqualification prescribed under the said ..... a child is born, i.e., the father and mother are the natural guardian and not guardian appointed or to be appointed by court. further, the father and mother are guardians for the person as well as property of the minor. since section 6 of the hindu minority and guardianship act, 1956 states that the natural guardian in respect of a minor's person is the father and the mother, depending upon the age .....

Tag this Judgment!

Apr 04 2003 (HC)

Vishwanath Son of Bhika Kolase and Raghunath Son of Bhika Kolase Vs. K ...

Court : Mumbai

Reported in : 2003(4)ALLMR1093; 2004(2)BomCR399

..... - the natural guardian of a hindu minor,in respect of the minors person as well as in respect of the minors property (excluding his or her undivided interest ..... :sec.2 : act to be supplemental to act 8 of 1890 : the provision of this act shall be in addition to, and not save as hereinafter expressly provided, in derogation of, the guardian and wards act, 1890.11. in the present case the learned counsel appearing on behalf of the appellants has relied on the provisions of section 6 and 8 which are reproduced as below :sec.6 : natural guardians of a hindu minor ..... is submitted by the learned counsel appearing on behalf of the plaintiffs that the defendant no.4 was their step-mother and she was not a natural guardian within the meaning of section 6 of the hindu minority and guardianship act, 1956 and since the permission having been not taken the said transaction was illegal. he further submitted that since the defendant no.4, the step-mother was .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //