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1 - 10 of 11 (0.28 seconds)X vs The Principal Secretary Health And ... on 29 September, 2022
(iii) In Z Vs. State of Bihar and others reported in (2018) 11 SCC
572, another three member Hon'ble Bench of Supreme Court echoed the
same views albeit earlier to X Vs. NCT Delhi.
Article 11 in Constitution of India [Constitution]
Section 20 in The Hindu Succession Act, 1956 [Entire Act]
V. Krishnan vs G. Rajan Alias Madipu Rajan And The ... on 2 December, 1993
(i) The lead case is V.Krishnan's case [V.Krishnan Vs. G.Rajan
alias Madipu Rajan reported in 1994-1-L.W. 89]. In this case, one parent
had made an application for Medical Termination of Pregnancy (MTP), the
same was repelled by the Court and the most relevant portions of this
Judgment which has been penned after taking into account view points of
several religious scriptures, English and American Laws are articulated in
paragraphs 43, 48 and 51 to 54, conclusion and directives are contained in
paragraph 55 which are as follows:
Indu Devi vs The State Of Bihar And Ors. Social ... on 17 August, 2017
(iii) In Z Vs. State of Bihar and others reported in (2018) 11 SCC
572, another three member Hon'ble Bench of Supreme Court echoed the
same views albeit earlier to X Vs. NCT Delhi.
S. Varadarajan vs State Of Madras on 9 September, 1964
(iv) In S.Varadarajan Vs. State of Madras reported in 1964 SCC
OnLine SC 36, a three member Bench of Hon'ble Supreme Court had
made an observation regarding a minor aged about 16 to 17 years, who
went away on her own volition from the custody of her lawful guardian
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H.C.P(MD)No.1240 of 2023
that 'she was not a child of tender years who was unable to think for
herself but, as already stated, was on the verge of attaining majority and
was capable of knowing what was good and what was bad for her.' In the
case on hand, the minor is aged 17 years (Date of Birth is 17.09.2006).
Therefore, the observation made by Hon'ble Supreme Court squarely
applies to the case on hand. More so, in the light of Doctors' opinion that
her judgmental capability is intact and her cognitive skills are good.
Article 226 in Constitution of India [Constitution]
T.Sivakumar vs The Inspector Of Police on 3 October, 2011
In this very T.Sivakumar's case, Hon'ble Full Bench
also made it clear that while a minor girl cannot be allowed to walk away
from the legal guardianship of her parents, equally if she expresses her
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H.C.P(MD)No.1240 of 2023
desire to the contrary ie., not to go with parents, the Court cannot compel
her to go to the custody of her parents and instead the Court may entrust
her custody to a fit person or entity subject to her volition.