Child custody -- Merely because grandparents or other relatives had nurtured child for some period, natural guardian cannot be denied right of custody of child unless it is shown that welfare of minor would jeopardize ...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minor - Minor was sued through his mother - However, no application U.O.32.R.3 CPC had been moved to appoint guardian for said minor - Even though interest of minor was not prejudiced considering the fact that he was duly represented through his natural guardian, but it was necessary to file an application for..........
Indian Penal Code, 1860, Section 363 -- Offence u/s 363 IPC - Victim girl was minor below the age of 18 years on the date of occurrence and she was taken away by appellants without consent of her guardian - Consent of victim has no relevance at all in legal perspective - Ingredients of S.363 IPC well proved - Conviction upheld - However, in view of the fact that more than..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by mother - Mother being natural guardian can act as manager of joint family for herself and on behalf of minors and deal with property in the interest of minors and joint family subject to legal necessity - Her powers are not fettered by or governed by provisions of the Act - Order rejecting..........
Custody of child -- Claimed by father - Mother of child died and child is residing in the house of maternal grandfather - Child after his birth was with his parents for about 10 years till the death of his mother - He was separated from the father in 2021 - Grandparents cannot have a better claim than the father, who is a natural guardian - There is no allegation of any..........
Guardians and Wards Act, 1890, Section 7, 12 -- Custody of minor daughter - Claimed by mother - Daughter is aged about 4 years and 3 months - She is living with her father - Mother is natural guardian of minor child below 5 years - She is graduate and is living with her parents - No allegations made against mother which may indicate that welfare of minor daughter would be..........
Appointment of guardian -- For husband in comatose state - Wife sought her appointment as guardian for her husband who is in comatose and is bed ridden - There is no opposition from the side of respondents who includes brother, family members and partner in the property of husband of petitioner/wife - Wife appointed as guardian of her husband in respect of his moveable..........
Agreement to sell -- Minor's property - Agreement to sell executed by defendant No.1 on behalf of minors - No prior permission sought from Guardian Court for execution of agreement qua interest of minor - Said agreement being opposed to public policy and law could not be treated as valid agreement to give rise to cause of specific performance...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minors - Plaintiff while filing suit against minors is required to file list of relatives of minors and other persons with their addresses, who prima facie may be capable of acting as guardian for the suit for a minor defendant...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minors - Suit for possession by way of pre-emption - Minors were impleaded through their real brother/defendant No.1, who was major at the time of filing of suit - Defendant No.1 was the most natural choice to be guardian of minors, being in blood relation, his interest was also similar to that of other..........
