Hindu Marriage Act, 1955, Section 26, Guardians and Wards Act, 1890, Section 25 -- Interim custody of minor daughter - Claimed by father - Girl child who had crossed 12 years of age would be soon attaining age of puberty and it is at this crucial stage that company of natural mother is what is required most - Custody of child is to be given to mother with visitation rights..........
Family Courts Act, 1984, Section 7, 10(3), Hindu Marriage Act, 1955, Section 13, 26 -- Divorce - Granted subject to payment of Rs.50 lakhs to minor son - Husband is doing agricultural, real-estate and civil contractor and having 20 Acres of agricultural land - Even after that husband did not give any money for maintenance of minor child since the birth of child - Amount of..........
Hindu Marriage Act, 1955, Section 26 -- Visitation rights granted to father during pendency of divorce proceedings - Modification of place of visitation - Mother is residing in Madurai with minor daughter, while husband is resident of Karur - Distance between two places is about 150 Kilometers - In the process of adjudicating upon the rights of parents, health of child..........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - There can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of parents which have to be enforced...........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - Paramount consideration in the dispute pertaining to custody of child is welfare of child...........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - Claimed by father - Girl child aged about 13 years has categorically stated that she wants to remain in the custody of father - She also stated that mother assaulted the child and became angry when minor girl child refused to accompany her along with male acquaintance who as per child did certain acts which she was..........
Hindu Marriage Act, 1955, Section 26 -- Custody of child granted to mother - Modification of custody order - Father was granted physical access of minor daughter on weekends and video access of alternate days - Both the parents are working - Paternal grandmother is a political figure and due to her social work, she was unable to spend time/take care of 9 years old child -..........
Hindu Marriage Act, 1955, Section 26 -- Custody of child granted to mother - Modification of custody order - Allegations made by father of child against mother regarding her adulterous behavior - These allegations are made in the marriage petition by Husband/father before Family Court - Said allegation has to be proved by leading evidence before Family Court - Therefore,..........
Civil Procedure Code, 1908, Order 26, Rule 10A, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce proceedings - Medical examination of wife - Husband has sought to project wife being of unsoundness of mind - Husband in his petition for annulment of marriage has not preferred petition invoking mental unsoundness of wife but it is filed on the ground of cruelty - Writ..........
Hindu Marriage Act, 1955, Section 26 -- Custody of child - Merely because provisions under Guardians and Wards Act are specialized provisions in regard to custody and guardianship of children, that does not mean that S.26 of Hindu Marriage Act does not have application, particularly when proceedings under Hindu Marriage Act is pending before Family Court...........
