Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Sale deed in question is only voidable at the instance of minor and not void at its very inception...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Suit for partition and injunction filed by minor after attaining majority - Without seeking relief to set aside document of alienation suit cannot be entertained being not maintainable, as relief to set aside transaction forms..........
Family Courts Act, 1984, Rule 8(viii), Arbitration and Conciliation Act, 1996, Section 75, 81 -- Mediation - Report of Counsellor - Confidentiality - Custody of child - Principle of confidentiality will not apply in matters concerning custody and guardianship issues and Court, in best interest of child must be equipped with all material touching upon relevant issues in..........
Family Courts Act, 1984, Rule 8(viii), Arbitration and Conciliation Act, 1996, Section 75, 81 -- Mediation - Statement made in mediation proceedings - Confidentiality - Custody and guardianship issues - Statements made by parents during course of mediation may not be relied upon on the ground of confidentiality - But natural responses and statements made by minor to..........
Hindu Marriage Act, 1955, Section 13(i)(ia) -- Divorce - Cruelty - Petition by husband - Statement of wife that she is not interested in leading conjugal life with husband in collateral proceedings relating to guardianship of child, cannot be used to prove cruelty in the present case - Since, record discloses that wife not participated in proceedings, an opportunity to put..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of minor girl - Claimed by father - Father living an immoral life, as he is living with another woman in live-i, relationship and got a child also from that woman, without obtaining any decree of divorce from her legally wedded wife and also labeled as a habitual drunkard - Welfare of child would not be in..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Property of minor - Agreement to sell by mother - Suit filed by minor for symbolic possession by way of specific performance - Agreement to sell does not by itself create any interest in or charge on property - Same thus, not fall within meaning of word `otherwise', which requires previous permission of Court before..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - No evidence on record that accused had either taken away victim or compelled her to leave guardianship of her parents - Victim went on her own and there is also no evidence that after leaving parents home victim resided with accused - No active part or role played by accused - Accused performed marriage with victim..........
Guardians and Wards Act, 1890, Section 7, 9, 12, 13, 17, 25, Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - Paramount consideration is the welfare of minor child and not statutory rights of parents...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by grandfather without permission of Court - Sale certainly would be hit by S.8 of the Act and always voidable at the instance of minor or guardian or next friend acting on his behalf...........
