Showing : 61-70 of 135 Results

CALCUTTA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 97, Hindu Minority and Guardianship Act, 1956, Section 6-- Search warrants - Custody of minor - Father forcibly removed his suckling child of 18-1/2 months from custody of his mother - Act of father of placing the child beyond the reach of mother tantamounts to confinement of child giving rise to an offence - Issuance of search warrant by Magistrate..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Guardians and Wards Act, 1890, Section 7, 10-- Custody of minor - Custody claimed by grandfather of minor - Father of minor died and mother left matrimonial home after nine years - Surprisingly minor had no attachment with his grandfather - Nothing produced by grandfather to show that he had ever made any special efforts to show his affections..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - In an earlier petition custody of minor child given to appellant - Exclusive custody of minor child claimed by respondent by filing a separate suit - Core issue is whether a separate petition for variation of order of custody of child is maintainable or an application in the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7, 25- - Custody of minor child - Father of minor being natural guardian has right of custody unless Court comes to conclusion that father is unfit to have custody and it is not for the welfare of minor that father should be allowed to exercise his right - In the absence of same there is no justification..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Family Courts Act, 1984, Section 7, 8, 20, Protection of Women From Domestic Violence Act, 2005, Section 21-- Jurisdiction - Visitation rights to meet the minor child - Exclusive jurisdiction has been conferred upon Family court with reference to S.7 of F.C.Act in relation to guardianship of a person or custody of or access to any minor - Family Court established at Jaipur well before the PWDV Act came..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Hindu Adoptions and Maintenance Act, 1956, Section 6-- Custody of minor child - It is the welfare and interest of child and not the rights of parents which is determining factor for deciding the question of custody - Welfare of child has to be considered in context of facts of each case and decided cases on the issue may not be appropriate to be..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Guardians and Wards Act, 1890, Section 19, Hindu Minority and Guardianship Act, 1956, Section 6- - Father would become unfit to be guardian of minor if he ceased to be Hindu or had completely renounced the world & not otherwise - Mental or physical disablement of father as a natural guardian may be criterion for not handling over the custody of minor child but such a disablement would not..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Guardians and Wards Act, 1890, Section 7, 19, 25- - Guardianship & custody of minor child - Mother of child dying of burn injuries - No charge sheet ever filed against father though criminal case is pending against paternal grand mother of child - Maternal grandfather forcibly abducted minor child from the custody of father - Father immediately..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Indian Penal Code, 1860, Section 363-- Kidnapping - Petitioner No.1 (mother) alleged to have kidnapped child - Held, to constitute an offence u/s.363 IPC, whoever entices a minor from custody of lawful guardian can be said to have committed offence - Petitioner No.1 is none other than mother of minor child - She cannot be attributed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Guardians and Wards Act, 1890, Section 7, 10, 12- - Custody of minor child - Welfare of child is of paramount consideration - However, in giving custody of child to a party, Court is obliged to consider child's ordinary comfort, contentment, heath, education, intellectual development and favourable surroundings...........

Showing : 61-70 of 135 Results