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1 - 10 of 13 (0.20 seconds)The Code of Criminal Procedure, 1973
Section 498A in The Indian Penal Code, 1860 [Entire Act]
Section 6 in The Hindu Minority And Guardianship Act, 1956 [Entire Act]
Section 6 in The Guardians And Wards Act, 1890 [Entire Act]
The Hindu Minority And Guardianship Act, 1956
Kirtikumar Maheshankar Joshi vs Pradipkumar Karunashanker Joshi on 4 May, 1992
16. In support of her contention, learned Counsel
Ms.Agnes relied on a few judgments. Ms.Agnes first relied on the
judgment of the Hon'ble Supreme Court in the case of
Kirtikumar Maheshankar Joshi Vs. Pradipkumar
Karunashanker Joshi reported in (1992) 3 Supreme Court
Cases 573, In that case, the Honour'ble Supreme Court
considered the issue of custody of the children. After the
unnatural death of mother, children were living with their
maternal uncle. The father was facing charge u/s 498-A of the
Indian Penal Code. The Honour'ble Supreme Court has taken
into consideration the will of the children. They expressed their
willingness to remain with their maternal uncle, who according
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13 / 21 WP-5214-18.odt
to them, was looking after them very well. The children did not
want to live with their father. In that case, the Honour'ble
Supreme Court permitted the maternal uncle to retain the
custody of the children, though the father had preferential right
to the custody being a natural guardian. In this case, the
Honour'ble Supreme Court has taken into consideration wishes
of children and accordingly passed the order. In the instant case
before us, the child is of a tender age and hence is too young to
express or even form her wish. Therefore the facts and ratio of
this case will not be applicable to the instant case.