Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Deed of adoption did not bear signatures/thumb impression of natural father of adoptee or any guardian of adoptee - There was no indication of presence of parents of adoptee or his guardian at time of execution or registration of adoption deed - Adoption, held, not valid...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minor - Minor attained majority during pendency of suit - Held, if minor defendant who attained majority does not choose to come on record and contest the suit by himself, he must be deemed to have elected to abide by representation of guardian and judgment and decree eventually passed in suit would be binding..........
Hindu Adoptions and Maintenance Act, 1956, Section 9, 6 -- Adoption - Father giving minor daughter aged less than 3 years in adoption without consent of wife - Adoption is invalid - Custody restored to mother with directions that father would have right to meet the minor daughter and for fixing time and date of such meeting, he may apply to guardian judge for appropriate..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - By grand uncle i.e. brother of grand father of victim - No locus standi to file the appeal as he is neither a lineal ascendant or descendant of the victim - Right to appeal against acquittal is available to victim which term includes his or her guardian or legal heir...........
Indian Penal Code, 1860, Section 366A, 376(2) -- Kidnapping and rape - Conviction - Validity - Victim aged below 16 years - Accused, by false representation, instead of taking victim to park as suggested by him took her to distant place and there-from to other places - No evidence that victim had gone with consent of her lawful guardian - Statement given by victim that..........
Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Sale of minor's property by natural guardian - Without permission of Court - Sale of property being in violation of provision of S.8(2) of Act - Same is voidable at the instance of minors - Court justified in declaring said sale as void...........
Divorce Act, 1869, Section 10(1)(iii), 19(3) - - Dissolution of marriage - Lunacy - Husband contended that his marriage be declared as null and void as his wife is lunatic - Wife on the other hand completed her graduation and passed type writing exams in three languages - If wife is in fact a lunatic, question of her being shown as independent party in O.P does not arise..........
Guardians and Wards Act, 1890, Section 19 - - Guardianship - So long as the father of minor is alive and is not found to be unfit to be guardian of person of minor, Court cannot appoint any other person as the guardian of person of such minor child...........
Guardians and Wards Act, 1890, Section 19, Hindu Minority and Guardianship Act, 1956, Section 6 - - Father would become unfit to be guardian of minor if he ceased to be Hindu or had completely renounced the world & not otherwise - Mental or physical disablement of father as a natural guardian may be criterion for not handling over the custody of minor child but such a..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Petitioner No.1 (mother) alleged to have kidnapped child - Held, to constitute an offence u/s.363 IPC, whoever entices a minor from custody of lawful guardian can be said to have committed offence - Petitioner No.1 is none other than mother of minor child - She cannot be attributed criminal intent to kidnap child...........
