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..........
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 care of over and above the..........
Indian Penal Code, 1860, Section 363, Guardians and Wards Act, 1890, Section 17 -- Kidnapping of minor girl - Claim of custody of girl - Accused allegedly illegally detaining daughter of complainant who is aged 15 years - Statement of girl that she is 20 years old and voluntarily cohabiting with accused since last 5 months - As per evidence, girl is in her family way,..........
Guardians and Wards Act, 1890, Section 25 -- Custody of child - Claim by father - Mother of child died at time of delivery - Since child was pre-mature and admitted in hospital for 45 days, it was appellant, mother of deceased who took great care of her - Even after bringing home till now, appellant is properly looking after her - Child is also going to reputed school -..........
Constitution of India, 1950, Article 243(U), Punjab Municipal Act, 1911, Section 12(3), 13 -- Delimitation of wards - Delimitation Board recommended scheme of delimitation of wards to State Govt. - State Govt. published recommendations inviting objections vide notification - Neither at time of inviting objections or consideration thereof, State Govt. found that numbering..........
Constitution of India, 1950, Article 243T, Punjab Municipal Act, 1911, Section 8(1)(b) -- Election to Municipal Council - Challenge against reservation of wards for Backward Classes third time in succession - It was contended that wards are required to be reserved for BC by way of rotation in terms of Article 243-T - Held, contention not tenable - Article 243-T deals with..........
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...........
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...........
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 not keeping good..........
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...........
