Indian Penal Code, 1860, Section 376 -- Rape of minor - Prosecutrix aged 8/10 years - Prosecutrix recovered from possession of accused - Medical evidence affirms factum of rape upon her - Intention of accused that he had picked up prosecutrix from lawful guardianship of her parents with intention to commit illicit sexual intercourse upon her, stands duly established - No..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Minor - Appointment of guardian - Biological parents, the father and mother, who are natural guardians, are to be preferred, while appointing guardian for whatever be its purpose - This can be excluded only when both parents are either unfit to be guardian or to discharge the duties and responsibilities of a guardian..........
Guardians and Wards Act, 1890, Section 7, 8, Hindu Minority and Guardianship Act, 1956, Section 6, 13 -- Custody of minor children - Divorce between parties - Custody of two daughters aged 17 years and 11 years - Children living with father and categorically stating that they do not want to go with mother - Children cannot be forcibly handed over to mother as it will..........
Hindu Minority and Guardianship Act, 1956, Section 6, 7, 25, Specific Relief Act, 1963, Section 41(h) - - Custody of minor child - Suit for mandatory injunction - Maintainability - Plaintiff-appellant neither applied u/s 7 of the Act for her appointment as guardian of minor nor u/s 25 for making an order for return of his custody - Suit for mandatory injunction filed for..........
Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Minors right involved in HUF property - Permission to mortgage - Property sought to be mortgaged not property of minors but property of H.U.F. - Provision of S.8(2) of the Act is not applicable where property belongs to H.U.F. - In the event property of HUF involves the interest of minor, the said minor on..........
Hindu Minority and Guardianship Act, 1956, Section 6(c) -- Natural guardian - Female child - Held, in case of an unmarried girl the father shall be natural guardian and after him the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother - S.6(c) of the Hindu Minority and Guardianship Act, impliedly..........
Family Law -- Guardianship of minor girl - Child marriage - Whether the minor child can be kept in protective custody of the State? - Held, if welfare of minor child will be well protected if she is kept in the protective custody of the State, Court can resort to such course - A female child who is a victim of child marriage, if expresses her wish not to go with her..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Hindu minor - - Transfer of property of Hindu minor by his natural guardians - Avoiding of transfer by minor - Limitation - Held, option for avoiding transfer has to be exercised by plaintiff within three years of his having attained age of majority - In present case when statement of plaintiff/minor was recorded in..........
Hindu Minority and Guardianship Act, 1956, Section 8, Evidence Act, 1872, Section 101, Transfer of Property Act, 1882, Section 54 -- Sale of minor's property - When a person after attaining majority, questions any sale of his property by his guardian during his minority, the burden lies on the person who upholds/asserts the purchase not only to show that the guardian had..........
Hindu Minority and Guardianship Act, 1956, Section 8, Limitation Act, 1963, Article 58, 65 -- Sale of minor's property by guardian - Property in possession of minor - Property included in the suit for partition filed by plaintiff on the basis of sale deed - It was only then that execution of alleged sale deed was disclosed to the minor - Minor had no cause of action to..........
