Search Results Page
Search Results
1 - 10 of 12 (0.89 seconds)The Guardians And Wards Act, 1890
Section 7 in The Guardians And Wards Act, 1890 [Entire Act]
Section 6 in The Guardians And Wards Act, 1890 [Entire Act]
Section 2 in The Guardians And Wards Act, 1890 [Entire Act]
D. Rajaiah vs Dhanapal And Anr. on 21 December, 1984
In the present case the allegation against the respondent is that he had killed his wife, Bharti Kumari the mother of three minor girls by burning her with petrol on 5-5-1983 for which U.D. Case No. 13 of 1983 was registered in Chittranjan Police Station. The learned counsel for the respondent has submitted that this was a false implication against him and that Chitranjan police after investigation did not find the allegation to be true.
Section 13 in The Guardians And Wards Act, 1890 [Entire Act]
Section 5 in The Guardians And Wards Act, 1890 [Entire Act]
Bhola Nath vs Sharda Devi on 23 September, 1953
16. I have gone through the impugned judgment and order. No doubt the learned Court below has taken into consideration a number of decisions on this point. However, it appears to have been mislead by the fact that under law it is the father of minor girls who would he the natural guardian. Referring to Section 6 of 1956 Act he has held that the law treats the father as the natural guardian of a minor unmarried girl and in his absence the mother can be treated as a natural guardian. Since in the present case the dispute was not between the father and the mother but between the father and the maternal grand father, it was held by the lower Court that the father would be the natural guardian of the minor girls. Normally speaking it is well recognized under law that the father is the natural guardian of the minor daughters. However that would always be subject to certain exceptions and facts and circumstances of each case and cannot be said to be universally applicable as held in the case of Bhola Nath, "(AIR 1954 Patna 489) (supra). The learned Court below should have also taken into consideration the facts and circumstances of this case in which there is allegation of the murder of his wife against the present respondent.
Mrs. Elizabeth Dinshaw vs Arvand M. Dinshaw And Anr on 11 November, 1986
14. The matter appears to have been settled in a recent decision of the Hon'ble Supreme Court in the case of M/s. Elizabeth Dinshaw v. Arvand M. Dinshaw (1987) 1 SC 42 : (AIR 1987 SC 3), In this decision Sections 7 and 17 of 1890 Act were under consideration. There was a divorce between the father and the mother of the child. The mother used to live with the child in U.S.A. The American Court granted decree for child's custody to the mother and visitation right to father of the child. The father; however, secretly brought the child to India against express orders of the American Court. Habeas corpus petition was filed by the mother before the Supreme Court of India for restoration of child's custody. It was held that the mother was entitled to the child's custody with liberty to take the child to the U.S.A. In this decision it was also held that whenever a question arises before a court pertaining to the custody of a minor child the matter is to be decided not only on considerations of legal rights of parties but on the sole and predominant criterion of what would best serve the interest and welfare of the minor. Under the circumstances of the above mentioned case it was held that in view of the facts the petitioner mother had genuine love and affection for the child and she could be safely trusted to look after mim, educate him and attend in every possible way to his proper upbringing, that the child had not taken root in India and he was still accustomed to the conditions obtaining in the place of his origin in the U.S.A. that the child's presence in India was the result of an illegal act of abduction and the father who was guilty of the said act could not claim any advantage out of it stating that he had already put the child in some school in India, it would be in the best interests of the minor child that he should go back with his mother to the United States and continue there as a ward of the concerned court having jurisdiction. From this decision also it would become clear that the paramount consideration with the court in appointing a guardian of a minor child is the interest and the welfare of the minor and this fact appears to be concluded by the decision of various Courts as noticed above.