Hindu Minority and Guardianship Act, 1956, Section 6, Guardians and Wards Act, 1890, Section 7 -- Custody of minor girl aged 8 years - Minor girl was living with her mother from last 5 years - Minor girl preferred to stay with her mother - In such situation, if minor girl is detached from company of her mother, she will be thrown out to severe consequences which later on..........
Hindu Minority and Guardianship Act, 1956, Section 6, Hindu Marriage Act, 1955, Section 26, Guardians and Wards Act, 1890, Section 7 -- Custody of child to mother - Visitation rights given to father - Mother disobeyed said order and does not allow father to take child along with him - Prima facie Contempt of Court is made out against mother - However, no coercive steps are..........
Guardians and Wards Act, 1890, Section 7, 6 -- Child - Custody - Minor male child - Child cannot be deprived of the love, affection, attention, guidance, support and physical touch (human touch/humane touch) of the mother, for no fault of the child - No disqualification on the part of mother alleged - Father did not disclose cogent reasons that are indicative that the..........
Guardians and Wards Act, 1890, Section 7, 25, 10, 12 -- Custody of child - Presumption in favour of maternal custody as sound child welfare policy - This policy is rebuttable - In a given case, it can be shown that father is better suited to have the custody of child...........
Guardians and Wards Act, 1890, Section 7, 25, 10, 12 -- Custody of 8 years old girl child - Claim by mother - Parties living separately, as mother was thrown out from the matrimonial home - Child was living with father from the tender age of 21 months - At present child is 8 years of age and her desire is to continue to live with her father - Intensity of negative feeling..........
Guardians and Wards Act, 1890, Section 17 -- Custody of minor children granted to husband - Visitation rights given to wife - Request for changing the venue of visits by husband - Matrimonial dispute between parties - Parties lived separately - Wife living in Kolkata and husband in Delhi - It is difficult for minor children aged eight and five years respectively to travel..........
Guardians and Wards Act, 1890, Section 29, 30, Specific Relief Act, 1963, Section 34 -- Alienation by guardian of minor is voidable - Suit for declaration and consequential relief for recovery of possession in absence of prayer to set aside alienation - Not maintainable...........
Guardians and Wards Act, 1890, Section 25 -- Custody of minor daughter aged 12 years - Claimed by father - Mother of child is eking out her livelihood by performing in an Orchestra - Such an avocation chosen by mother cannot be construed as a circumstance adverse to upbringing of a minor child by mother particularly, when child is carrying on her educational pursuit by..........
Guardians and Wards Act, 1890, Section 25 -- Custody of minor daughter aged 12 years - Claimed by father, as criminal cases were registered against mother - Case registered under Immoral traffic Act against mother ended in acquittal - Pendency of criminal case u/ss 177, 420 IPC would have no direct bearing on the custody issue, particularly when said case originated at the..........
Guardians and Wards Act, 1890, Section 9 -- Minor - Appointment of guardian - `Ordinarily resides' - Means place where a person is expected or supposed to be living - Place of shifting of minor under compulsion would not be regarded as place where he `ordinarily resides'...........
