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Documents citing Mritunjay vs Hari Shankar Dixit on 8 July, 2019

Smt. Nasreen Bano vs Mohd. Suhail on 9 August, 2019

10. From the perusal of Section 25 of Act 1984 it is apparent that there are no directions contained in the section itself in accordance with which application for guardianship and custody shall be decided. However, as law has developed on the subject concerned, it is well crystallized that paramount interest of minor is the primary criteria for deciding custody and guardianship of a minor. Apart from above, it is now further established that a minor who is below five years of age, shall ordinarily be allowed to stay with mother. Similarly in case of minor girls, it has been the consistent view that their custody should remain with the mother till they attain the age of majority. It shall be useful to refer to a Division Bench judgement of this Court in First Appeal Defective No. 138 of 2019 (Mritunjay Vs. Hari Shankar Dixit) decided on 8.7.2019. In paragraphs 7, 8, 9, 10 and 11 Court has said as under:
Allahabad High Court Cites 18 - Cited by 1 - Full Document

Latoori Singh vs Sushila Devi on 27 September, 2019

13. From the perusal of Section 25 of Act 1890 it is apparent that there are no directions contained in the section itself in accordance with which application for guardianship and custody shall be decided. However, as law has developed on the subject concerned, it is well crystallized that paramount interest of minor is the primary criteria for deciding custody and guardianship of a minor. Apart from above, it is now further established that a minor who is below five years of age, shall ordinarily be allowed to stay with mother. Similarly in case of minor girls, it has been the consistent view that their custody should remain with mother till they attain age of majority. It shall be useful to refer to a Division Bench judgement of this Court in First Appeal Defective No. 138 of 2019 (Mritunjay Vs. Hari Shankar Dixit) decided on 8.7.2019. In paragraphs 7, 8, 9, 10 and 11 Court has said as under:
Allahabad High Court Cites 17 - Cited by 0 - Full Document

Smt. Komal vs Arvind Kumar on 23 October, 2019

10. From the perusal of Section 25 of Act 1890 it is apparent that there are no directions contained in the section itself in accordance with which application for guardianship and custody shall be decided. However, as law has developed on the subject concerned, it is well crystallized that paramount interest of minor is the primary criteria for deciding custody and guardianship of a minor. Apart from above, it is now further established that a minor who is below five years of age, shall ordinarily be allowed to stay with mother. Similarly in case of minor girls, it has been the consistent view that their custody should remain with mother till they attain age of majority. It shall be useful to refer to a Division Bench judgement of this Court in First Appeal Defective No. 138 of 2019 (Mritunjay Vs. Hari Shankar Dixit) decided on 8.7.2019. In paragraphs 7, 8, 9, 10 and 11 Court has said as under:
Allahabad High Court Cites 18 - Cited by 0 - Full Document

Master Samarjeet Singh (Minor Detenue) ... vs State Of U.P. And 4 Others on 19 October, 2019

23. We may further point out that there are no indicators in Section 25 of Act, 1890, regarding principles to be kept in mind while deciding the guardianship of minor. To the contrary Section 13 of Act, 1956 specifically provides that welfare of minor is paramount consideration. Guided by aforesaid principle, Courts have developed the law relating to custody of minor. Apart from laying down principles to be considered by Courts. While deciding custody of minor as noted above, it has further been developed that a minor, who is below five years of age, shall ordinarily be allowed to stay with mother. Similarly in case of minor girls, it has been the consistent view that their custody should remain with mother till they attain age of majority. It shall be useful to refer to paragraphs 7, 8, 9, 10 and 11 of a Division Bench judgement of this Court in First Appeal Defective No. 138 of 2019 (Mritunjay Vs. Hari Shankar Dixit) decided on 8.7.2019, wherein Court has considered issue relating to custody of minor:
Allahabad High Court Cites 42 - Cited by 3 - Full Document

Mritunjay Tiwari vs Hari Shankar Dixit on 2 April, 2025

"(i) it is therefore most respectfully prayed that this Hon'ble Court may graciously pleased to issue the direction to the Court of Chief Judge Family Court, Kushinagar at Padrauna to decide the Case No.126 of 2023 (Mritunjay Tiwari vs. Hari Shankar Dixit) filed under Section 12 of Guardian and Awards Act, 1980 within stipulate period, as provided by this Hon'ble Court."
Allahabad High Court Cites 3 - Cited by 0 - R R Agarwal - Full Document
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