Guardians and Wards Act, 1890, Section 9 -- Custody of minor child - Place of residence of natural guardian does not determines jurisdiction of Court u/s 9(1) of the Act...........
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..........
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..........
Guardians and Wards Act, 1890, Section 17 -- Custody of minor child - Welfare of child is the paramount consideration while handing over custody or appointing guardian - Religion of child is one of the determinants and is not the only determinant...........
Guardians and Wards Act, 1890, Section 7, 17 -- Guardianship - Appointment - Allegations against each other by parties claiming guardianship may not disqualify them for appointment of guardian but one cannot use a child as a pawn to settle the score against another...........
Guardians and Wards Act, 1890, Section 7 -- Custody of child - As soon as Court appoints a guardian, it substitutes the guardian already working...........
Guardians and Wards Act, 1890, Section 25, Protection of Women From Domestic Violence Act, 2005, Section 23 -- Custody of minor - Custody u/s 23 of PWDV Act is only interim subject to commission of Domestic Violence - Whereas, custody of child u/s 25 of G&W Act is not interim, rather it only intends to take away a ward from the custody of either of spouse or guardian and..........
Guardians and Wards Act, 1890, Section 9 -- Guardianship of minor - Territorial jurisdiction - Divorce between parties - Child ordinarily residing with his mother at place `D' - Suit filed by father claiming to be guardian of minor at place `H' - Suit is not maintainable, as Court at `H' has no territorial jurisdiction to entertain the suit...........
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 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'...........
