Showing : 151-160 of 223 Results

ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Guardians and Wards Act, 1890, Section 9, 7, 25, Hindu Minority and Guardianship Act, 1956, Section 13-- Minor - Guardian - Jurisdiction - Ordinarily resides - A person when leaves his permanent place of living with no intention to come back to it and goes to some other place to live there, the former place where he used to live ceases to be his ordinary place of residence - Latter place becomes his..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Guardians and Wards Act, 1890, Section 9, Hindu Minority and Guardianship Act, 1956, Section 5, Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Minor child - Mother seeking custody from father - Visiting rights given to mother during pendency of said petition - Challenged on ground of jurisdiction as child at the moment residing at Lucknow with aunt - Held, child where at present residing is not her permanent place of residence but only..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2009
Details
Guardians and Wards Act, 1890, Section 10-- Custody of minor child - Mother alongwith two other accused committed murder of her husband - Mother convicted and in jail - Interim custody of child given to grand father and not to maternal grand father who was involved in murder but acquitted - Held, moral and ethical values have to be taken..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Guardians and Wards Act, 1890, Section 27-- Muslim minor - Guardian of property - Mother is a de facto guardian and a bare custodian of property of minor son - A de facto guardian has no power to transfer any right or interest in the immovable property of the minor - Such a transfer would not be merely voidable, but would be void...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Guardians and Wards Act, 1890, Section 25, 19, 34-- Child - Custody - Option of the child in itself would not be the only criteria to consider the welfare of the minor - Various factors are required to be seen...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Guardians and Wards Act, 1890, Section 25, 19, 24-- Child - Custody - Death of mother - Child remained with maternal grand parents for 12 years who looked after welfare and gave proper education - Father of child undergoing second marriage - Child opted to live with maternal grand parents - Custody given to father as (1) Maternal grand parents were..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Guardians and Wards Act, 1890, Section 7, 12, 25, Hindu Minority and Guardianship Act, 1956, Section 13, 6-- Minor - Custody - Normally in custody cases, wishes of the minor should be ascertained by the Court before deciding as to whom custody should be given...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Guardians and Wards Act, 1890, Section 7, 12, 25, Hindu Minority and Guardianship Act, 1956, Section 13, 6-- Minor - Custody - In determining the question as to who should be given custody of a minor child, the paramount consideration is the welfare of the child and not rights of the parents under a statute for the time being in force...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Guardians and Wards Act, 1890, Section 7, 12, 25, Hindu Minority and Guardianship Act, 1956, Section 13, 6-- Minor - Custody - Wishes of child - Male child of 6 years refused to go with father or to stay with him - Child stated that he was happy with his maternal grand-parents and would like to continue to stay with them - Held, it will not be proper to give custody of son to his father...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Guardians and Wards Act, 1890, Section 7, 12, 25, Hindu Minority and Guardianship Act, 1956, Section 13, 6-- Minor - Custody - Father - A complaint against father alleging and attributing death of mother and a case u/s 498-A, IPC is indeed a relevant factor and a Court of law must address to the said circumstance while deciding the custody of the minor in favour of such person...........

Showing : 151-160 of 223 Results