Guardians and Wards Act, 1890, Section 17(3) -- Custody of minor child - Claimed by father - Appellant/father no doubt is biological father of child - However, subsequent to divorce and dismissal of guardian petition, he married another woman and having a female child - Such subsequent event would disentitle father to get custody of child - Moreover, child is suffering..........
Family settlement -- Mother is entitled to enter into family settlement being guardian of minor children subject to minors objecting to said settlement on attaining age of majority - Such documents executed by guardian can only be objected within a period of three years from date minors over come the disability and challenge document...........
Motor Vehicles Act, 1988, Section 2(30) -- Owner - Person in whose name motor vehicle stands registered is `owner' for the purpose of the Act - However, where a person is a minor, guardian of minor would be treated as owner...........
Indian Penal Code, 1860, Section 363, 511 -- Kidnapping - Removing own minor child from shoulder of wife - Does not amount to either removing minor out of custody of lawful guardian or one of kidnapping - Offence u/ss 363, 511 IPC not made out against accused - Proceedings quashed...........
Limitation Act, 1963, Article 60 -- Property of minor - Sale by guardian - Setting aside - Limitation - Suit filed when plaintiff was 29 years old - Limitation to file suit is three years from the date of attaining majority by minor - Suit filed beyond period of three years is barred by limitation...........
Guardians and Wards Act, 1890, Section 12, 7, 17, Hindu Minority and Guardianship Act, 1956, Section 6, 13 -- Interim custody of minor daughter - Welfare of child is paramount consideration - Merely because appellant is father and natural guardian of minor or that he is financially sound, will not be a consideration for granting interim custody to appellant - Rather..........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Suit by minor - Next friend - Suit on behalf of minor shall be instituted by next friend - Next friend need not necessarily be a duly appointed guardian as specified u/s 4(b) of Hindu Minority and Guardianship Act...........
Civil Procedure Code, 1908, Order 32, Rule 1, 3 -- Minor - Where suit is filed on behalf of minor, no permission or leave of Court is necessary for next friend to institute suit - Whereas, if suit is filed against minor, it is obligatory for plaintiff to get appropriate guardian ad litem appointed by Court for such minor...........
Civil Procedure Code, 1908, Order 32, Rule 1, 3 -- Minor - Guardian - Where natural guardian or duly constituted guardian had adverse interest against minor in a suit, then, a next friend or guardian ad litem, as the case may be would represent minor in civil litigation - However, next friend representing minor in suit U.O.32.R.1 CPC will not take away right of duly..........
Civil Procedure Code, 1908, Order 32, Rule 1, 3 -- Minor - Next friend and guardian ad litem - Appointment of a guardian ad litem or a next friend in a suit is limited only for suit and after discharge of that guardian ad litem/next friend, right/duty of guardian as defined u/s 4(b) of Hindu Minority and Guardianship Act automatically continues as guardian...........
