Showing : 61-70 of 139 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Hindu Minority and Guardianship Act, 1956, Section 4(b), 6(a)-- Guardian - Custody of minor child - S.6(a) of Act preserves the right of father to be the guardian of property of minor child but not the guardian of his person whilst the child is less than five years old as it craves out the exception of interim custody in contradistinction of guardianship in..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Hindu Minority and Guardianship Act, 1956, Section 6(a)-- Custody of minor child - Child when not completed the age of 5 years shall ordinarily be with mother - However, Act does not disqualify mother to custody of child even after the latter's crossing the age of five years - Father's suitability to custody is not relevant where child whose custody is..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Protection of Women From Domestic Violence Act, 2005, Section 21, Family Courts Act, 1984, Section 7, 8-- Custody of minor - U/S 21 of 2005 Act, no independent remedy has been provided to seek custody of minor child and jurisdiction has been conferred upon Magistrate to grant temporary custody of child to aggrieved person during the course of hearing of an application for grant of protection order -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 365-- Kidnapping of minor aged 4 years - Offence of kidnapping becomes complete as soon as minor child was taken out of lawful guardianship of his parents/grandfather - Child was recovered from custody of accused after a period of 13 days - Accused rightly convicted...........
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..........

Showing : 61-70 of 139 Results