Court : Chennai
Reported in : AIR1984Mad186; (1984)1MLJ381
..... case 'are hindus and they would be governed by the provisions of guardians and wards act, viii of 1890 along with the provisions of the hindu minority and guardianship act, 32 of 1956. under s. 2 of the hindu minority and guardianship act, the provisions of that act have been declared to operate in addition to and not, except as expressly provided, in derogation of the ..... wards act read with section 6(a) of the hindu minority and guardianship act have not been fulfilled and, therefore, the application is not maintainable, is without substance. the decision relied on by the learned counsel for the appellant does not in ..... that the custody should be entrusted to the respondent. all that requirements, therefore under s. 25 of the guardians and wards act read with s. 6(a) of the hindu minority and guardianship act have been fully satisfied in this case. under those circumstances, the objection raised by the appellant that the requirements of an application under s. 25 of the guardians and ..... child and taking that into account, the infant child has to be 'restored to the custody of the respondent, who was also recognised by s. 6(a) of the hindu minority and guardianship act as the parent normally and ordinarily entitled to.sucb custody and who would also bestow on the infant child the care and affection of the mother during its infancy .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1978All221
..... of the family for legal necessity.9. these cases referred to above represent a general consensus amongst the different high courts about the true scope of section 8 of the hindu minority and guardianship act. the learned counsel appearing on behalf of the appellant has, however, strongly relied upon the two unreported judgments of division benches of this court and submits that they ..... a particular part of the statute not in detachment from its con-text in the statute but in conjunction with its other provisions.now, corning to the provisions of the hindu minority and guardianship act, section 4. (b) defines 'guardian' while clause (c) thereof defines 'natural guardian' as meaning any of persons mentioned in section 6. now section 6 deals with natural ..... second appeal. only one question has been argued before me. it has been submitted on behalf of the appellants that in view of the provisions of section 8 of the hindu minority and guardianship act, the sale was invalid as the plaintiffs-appellants' father did not obtain the permission of the district judge to sell their interest in the coparcenary property. the relevant ..... deed was executed for legal necessity and for payment of antecedent debts and that the sale-deed was not invalid in view of the provisions of section 8 of the hindu minority and guardianship act.4. the plaintiffs preferred an appeal and the appeal has also been dismissed. aggrieved by the order of the lower appellate court, the plaintiffs-appellants have preferred .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1983P& H114
..... kamaljit kaur, (1960) 62 pun lr 578 : (air 1961 punj 51) :--'in my opinion the court must construe the provisions of the guardians and wards act and of the hindu minority and guardianship act together because they constitute parts of a single scheme or of the same legislative plan, their provisions must, therefore, be harmonised and read together, so that the real and ..... and equity of the basic principles underlying the subject-matter of the legislative scheme or plan are effectively carried out. the hindu minority and guardianship act having been enacted to amend and codify certain parts of the law relating to minority and guardianship among hindu, it is incumbent on the courts to give proper and due effect to the provisions of section 13 of this ..... transfer of property made by the guardian if there is none under the substantive law by which he is governed. the substantive law governing the minor in this respect is contained in section 8 of the hindu minority and guardianship act, 1956. sub-section (2) of s. 8 provides that the natural guardian shall not within the previous permission of the court mortgage ..... order in writing, notwithstanding the restriction, to dispose of any immovable property specified in the order in manner permitted by the order hindu minority and guardianship act, 1956 s. 8(1) power 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 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1999SC1149; 1999(2)ALLMR(SC)416; 1999(2)ALT1(SC); 1999(1)BLJR777; 95CompCas913(SC); 1999(1)CTC481; I(1999)DMC337SC; 236ITR380(SC); JT1999(1)SC524; (1999)IIML
..... structure of which permeates equality of status and thus negates gender bias and it is on this score, the validity of section 6 of the hindu minority and guardianship act of 1956 has been challenged in the matters under consideration, on the ground that dignity of women is a right inherent under the constitution ..... of the mother. that lead to the filing of this writ petition by the two petitioners with prayers to strike down section 6(a) of the hindu minority and guardianship act, 1956, (hereinafter referred to as hmg act) and section 19(b) of the guardian and wards act, 1890 (hereinafter referred to as gw ..... in the particular circumstances of this case, the mother can be considered to be the natural guardian of her minor daughter. it is needless to state that even before the passing of the hindu minority and guardianship act 1956 (act 32 of 1956), the mother is the natural guardian after the father. the above ..... , the expressions father and 'mother' do not include a step-father and a step-mother.31. be it noted that the hindu minority and guardianship act of 1956 has been engrafted on the statute book by way of an amendment and codification of certain parts of the law relating to ..... in the particular circumstances of this case, the mother can be considered to be the natural guardian of her minor daughter. it is needless to state that even before the passing of the hindu minority and guardianship act, 1956 (act 32 of 1956), the mother is the natural guardian after the father. the above .....Tag this Judgment!
Court : Delhi
Reported in : 9(1973)DLT496; 1974RLR121
..... have gone wrong jurisdictionally in dismissing that application. on that finding this revision is dismissed with the observation that the claim of the mother under section 6(a) of the hindu minority and guardianship act, 1956 has still to be considered by the trial court when the application under section 7 ef the guardians and wards act, 1890 comes before it for disposal ..... and wards act, 1890 even if they are to some extent inconsistent with the hindu minority and guardianship act, 1956. the role of interpretation of statutes in such a case is this : each of the two statutes is allowed to operate within own sphere. any inconsitency between ..... before the commencement of the said act in so far as it is icconsistent with any of the provisions contained in the act. reading suctions 2 and 5 of the hindu minority and guardianship act, 1956 together, it would appear that the intention of section 2 is not to derogate from the provisions of the guardians and wards act. 1890 even though any ..... guaroianship act, 1956 were to be in conflict with the provisions of the guardians and wards act, 1890. the intention was to add the new provisions of the hindu minority and guardianship act, 1956 as supplemenr to the guardians and wirds act, 1890. thercfcre, the every ridinge effect of section 5 would not seem to apply to the provisions of the guardians .....Tag this Judgment!
Court : Karnataka
Reported in : II(2003)DMC288; 2003(3)KarLJ530
..... , : 3scr918 (more familiarly known as chakramakkal's case). though this was a case which arose essentially under the guardians and wards act and not under either the hindu minority and guardianship act or the hindu marriage act, the principles laid down are equally applicable to any custody case as laid down by the supreme court in this case. the following extracts from the ..... custody with the husband'.34. in githa hariharan's case, supra, the supreme court yet again asserted that the expression 'natural guardian' occurring in section 4(c) of the hindu minority and guardianship act takes within its sweep the father, mother and the husband in the case of the married girl. the court clarified that use of the words 'the father' and after ..... trial judge was perfectly justified in granting custody of the child to the father who is the natural guardian even as per section 6 of the hindu minority and guardianship act that the custody should naturally follow guardianship; that the father of the child was in a much better financial position to take care of the needs of the child; that the house of ..... until and unless it is shown that he has disqualified himself, the mother cannot act as a natural guardian and even section 6 of the hindu minority and guardianship act, 1956 having recognised this principle and the mother having not shown that the father suffers from any disqualification, there was no occasion to divest the custody from the father .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR2000MP330
..... dis-regarded.'28. a rigid insistence of section 6(a) is not warranted in the circumstances adumbrated in the case. section 13 of the hindu minority and guardianship act has to be read in context with section 6(a) of the act and thus the financial status of the father should not come ..... hariharan (supra) while dealing with two cases which led to the adjudication of the constitutional validity of the provisions of section 6a of the hindu minority and guardianship act. one was the case in which the reserve bank of india has questioned the authority of mother even when she had acted with the ..... and norms for construing domestic laws when there is inconsistency between them. 14. not only section 6(a) but section 19(b) of the hindu minority and guardianship act has been construed in the same manner by the supreme court in the case of githa hariharan (supra). in paragraph 16 of the said ..... he has further submitted that interest of the children is a paramount consideration and the court need not be influenced by section 6 of the hindu minority and guardianship act. she has further submitted that there is no difference between mother and the father in the eye of law. she has submitted that financial ..... contended that both the sons were not below five years of age at the time of filing of the application, as per the provisions of hindu minority and guardianship act, custody of the children cannot be taken away from the father. it is also submitted that father was looking-after the interest of the .....Tag this Judgment!
Court : Chennai
Reported in : AIR1992Mad214; (1992)IIMLJ116
..... the interest of the sole surviving coparcener in the joint family property is treated as if it were a separate property. therefore, we think that section 8 of the hindu minority and guardianship act would also cover the case of such an interest.14. further, we hold with due respect that both the learned judge who has decided the above referred to ..... 12 need not necessarily be management as kartha, but would include even the management otherwise.13. we may also point out one other aspect. section 12 of the hindu minority and guardianship act, as mayne's hindu, (12th edition -- page 507) says, statutorily recognises the principle which was laid down consistently by several high courts that under the guardians and wards act of 1890 ..... plaintiff was joint family property simpliciter).10. in the above referred to : air1983kant222 it has been held that when the mother manages the family property of the minor son, section 11 of the hindu minority and guardianship act, 1956 is not attracted and that, therefore, she can validly alienate it for family necessity or benefit, without obtaining permission of the court under s. ..... therein is concerned and for partition and separate possession of the said share. the question to be answered is whether the said sale is hit by s. 8 of the hindu minority and guardianship act, 1956 since admittedly the plaintiff's mother did not obtain the previous permission from the court as contemplated in the said section, and consequently whether the plaintiff could .....Tag this Judgment!
Court : Chennai
Reported in : AIR1986Mad99
..... facts, i would like to delineate and keep in mind the provisions of law, which should form guidelines in matters like this. the two minor children being hindu girls, with regard to natural guardianship as such the provisions of hindu minority and guardianship act, 1956 (no. 32 of 1956), hereinafter if occasion comes, referred to as act 32 of 1956, shall first speak. section 6 of ..... minor daughter when he is alive. failing the father only the mother comes into the picture and she could assume ..... such guardianship and custody only in such a contingency. but an unmarried hindu minor girl if she has not completed the age of 5 years shall ordinarily be in the custody of the mother. as stated above, the mother is not in the picture ..... shall not appoint or declare any person to be a guardian against his will.' the rule of hindu law is that no one other than the father and failing him the mother has an absolute right to have the guardianship, over and custody of an unmarried hindu minor girl. the hindu law recognises primarily the father as the legal guardian and custodian of his unmarried .....Tag this Judgment!
Court : Chennai
Reported in : AIR1977Mad127
..... to a question of "which is to be master, sec. 6(e) of the transfer of property act or sec. 8(3) of the hindu minority and guardianship act, 1956?"--the former must necessary yield to the latter under the compulsive rule of interpretation declared by sec. 8(3) the full force and effect ..... to the words 'any one claiming under him' this restricted meaning. the reason suggested for this restricted interpretation was that sec. 8(3) of the hindu minority and guardianship act, 1956 must be construed in harmony with sec. 6(c) of the transfer of property act. we doubt whether there exists any cannon of ' ..... i to the said act. at all events, all those cases had only dealt with the law that subsisted before the coming into force of the hindu minority and guardianship act, 1956 and they cannot be regarded as authorities on the true construction of sec. 6 of that act.19. gokulakrishnan, j. in making ..... of the plaintiff sornam to sue for setting aside the guardian's alienation has to be determined on the basis of the relevant provisions of the hindu minority and guardianship act, 1956--central act no. 32 of 1956,--which had come into force on 25-8-1956. the act applied to the alienations now in ..... of the transfer of property act would only have the effect of excluding from the ambit of sec. 8(3) of the hindu minority and guardianship act 1956, transfers inter vivos of the minor's right in the property alienated by the guardian. we do not see any validity, in principle, for this understanding of the .....Tag this Judgment!