Hindu Minority and Guardianship Act, 1956, Section 8(4) -- Sale of minor's property by mother - Legal necessity of minor does not include necessity of guardian or any other person even in the face of COVID-19 pandemic...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 346 -- Quashing of FIR - Kidnapping - Runaway marriage - Victim though minor performed marriage with accused with her own free will - Accused being husband is in relationship with victim and in terms of Ss.19, 21 of Guardian and Wards Act r/w Ss.6, 10, 13 of Hindu Minority and..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 99(1) -- Report of Child Welfare Committee or Board - Confidentiality related to reports of Child Welfare Committee or Board is not absolute - When such a report is called for before Court of law in a dispute related to parent or guardian of child or involving interest of minor, access to contents of..........
Hindu Minority and Guardianship Act, 1956, Section 6(a), Guardians and Wards Act, 1890, Section 8 -- Custody of minors - Claimed by father - Mother of children committed suicide - Maternal grandfather of children has taken away them to his home - Grandfather of children stated that he being a Real Estate owner earning huge amount with which he will be able to educate them..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 384, 83 -- Quashing of FIR - FIR against child below 12 years - Charge sheet filed before Juvenile Justice Board - Quashing of FIR sought on the ground that FIR could not have been filed as per S.83 of IPC - Petitioner through his legal guardian is thus, allowed to file a suitable application in..........
Guardians and Wards Act, 1890, Section 7, 10 -- Appointment of guardian of `M' of unsound mind - Guardian appointed without production of `M' - Several opportunities granted over a period of 10-13 years to produce `M', but he was not produced - Any order passed appointing guardian of a person whose whereabouts and existence is not affirmed through documentary and other..........
Protection to life and liberty -- Runaway couple - Boy is major and girl is minor - Affidavit of boy is filed, who is representing girl as her next friend - Since protection petition is directed against parents of minor girl as well as her brother and uncle, who are natural guardian and close relatives respectively, therefore, stand of boy as next friend of minor girl is..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Court not examined mother of petitioner personally before appointing petitioner as guardian, next friend - There is no record to show that mother of petitioner is suffering from unsoundness of mind and a guardian/her daughter can be appointed to defend her, is unsustainable and liable to..........
Unmarried major daughters -- Not abducted and illegally detained by anyone - They do not want to go with their father - They are entitled to make their choice and to live wherever they want - Court cannot assume the role of super guardian and impose any restriction - No action is required to be taken on habeas corpus petition - Petition dismissed being devoid of merit...........
Guardians and Wards Act, 1890, Section 7, 8 -- Appointment of guardian - For person in comatose state - Medical Reports show that she is diagnozed with `Acute Aneurysmal Subarachnoid Haemorrhage' and that she is non-responsive to her surroundings - It is stated that she is in a vegetative state and there is nobody to manage affairs of `I' and her children or assets - Since..........
