Guardians and Wards Act, 1890, Section 9 -- Minor - Appointment of guardian - Territorial jurisdiction - Application for guardianship of a person of minor and his property would lie before District Court having jurisdiction of place where minor ordinarily resides...........
Guardians and Wards Act, 1890, Section 7, 8, 9 -- Minor - Appointment of guardian - Jurisdiction - Minor was residing at Saharanpur with his parents - He was removed from there and shifted to Meerut under compelling circumstances on account of tragic death of his mother - Place of shifting of minor under compulsion would not be regarded as place where he `ordinarily..........
Guardians and Wards Act, 1890, Section 47, 7, 8, 9 -- Minor - Appointment of guardian - Order rejecting application u/ss 7, 8 of the Act - Not appealable u/s 47 of the Act, as said order is not an order directing return of application u/s 9(3) of the Act, rather it is an order rejecting application raising objection as to territorial jurisdiction - However, since the order..........
Guardians and Wards Act, 1890, Section 9 -- Custody of child - Jurisdiction - `Ordinarily resides' connotes a regularly settled home and not a place of stay where children are obliged to dwell by force of circumstances or compulsion of parent's employment - It is not the duration of stay that matters but intention of parties - In case of a minor, as he cannot take any..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Guardians and Wards Act, 1890, Section 10 -- Counter claim - Petition for appointment of guardian - There is no bar in the Code against raising of counter claim in an original petition seeking for appointment of a guardian for the ward...........
Guardians and Wards Act, 1890, Section 25 -- Custody of child - Mere status of father as natural guardian would not itself be significant for favorable order in proceedings - Welfare of child would be prime consideration to determine issue of his/her custody...........
Guardians and Wards Act, 1890, Section 7, 11, 19 -- Appointment of guardian - An unwed mother can be appointed as guardian of minor child without issuing notice to putative father...........
Guardians and Wards Act, 1890, Section 7, 11, 19 -- Guardianship - Where one of the parents petitions the Court for appointment as guardian of her child, Provision of S.11 of Act would not be directly applicable - As views of an uninvolved father are not essential to protect the interest of a child born out of wedlock and being raised solely by his/her mother - S.11 of Act..........
Guardians and Wards Act, 1890, Section 7, 11, 19 -- Question as to guardianship - Guardianship or custody orders never attain permanence or finality, therefore, an uninvolved parent is not precluded from approaching the Guardian Court to quash, vary or modify its orders if the child's welfare is in peril...........
Guardians and Wards Act, 1890, Section 7, 25 - - Appointment for guardian of a person and property of minor - Mother was turned out from the house by Uncle - Litigation regarding land is also pending between parties - No evidence was produced by Uncle to show mother was of bad repute - Minor is living a good life and education from income of land in mother's possession..........
