Further, few helpful “reasoning” for your kind preview to build up your clients case;
1. In Shoib @ Shebu v. Sabir Ali the Allahabad High Court while conceding the entitlement of the mother the custody of her male child until he has completed the age of seven years held that the welfare of the child would be kept in view before deciding the custody. In that case in fact the son who was only 4 years of age was allowed to remain with the father and the Court without arriving at any adverse conclusions regarding the mother's character or conduct decided that it was in the paramount interest of the 4 year old son to allow him to remain with the father and the father's family.
Re.: 1986 (II) DMC 505 at 506 (All, HC)
2. In Bilkis w/o Munne Khan v. Munne Khan, a Mohammedan wife who was living separately from her husband filed a petition for custody of her minor son aged about 2 1/2 years. It was found that she was residing at a distance from the husband's home and neglecting the child even when their relations were cordial. On these facts the court held that it was not in the interest of the welfare of the child though the child was of tender years to give his custody to the wife. Custody of the child therefore was given to the father.
Re.: 1987 (32) M.P.L.J. 430
3. In Y. Varalakshmi v. Kanta Durga Prasad, the Division Bench of the Andhra Pradesh High Court gave custody of 5 year old boy to the father in the interests of the child. The child had been happily residing with the father and his parents when the mother had applied for custody. The trial court refused custody to the mother and the appeal court upheld the refusal.
Re.: (1989) 1 DMC 379
4. In Lekh Raj Kukreja v. Smt Raymon, the Court was concerned with the question of the interim custody of a minor male child aged 11 years. The trial court gave the custody to the mother on the ground that the minor son would then be in the company of his sister whose custody was with the mother. Further in revision it was held that the father was the natural guardian and that the welfare of the child also demanded that he should be in the custody of his father especially as the child himself also showed an inclination to stay with the father
Re.: 1989 (38) DLT 137
5. In Shailaja J. Erram v. Jayant V. Erram, once again the same question was decided by a Bench of the Bombay High Court in the same manner. In this case the mother was a working woman and remained outside the home until 4 p.m. The minor - a son - expressed his desire to reside with his father. The Court found that the minor was getting his education properly and that the aged parents of the father were in a position to look after the minor for the whole of the day. In these circumstances the Court came to the conclusion that the welfare of the minor demanded that he should be with the father and his family and not with the mother.
Re.: 1990 (2) Mah LR 492
Showing posts with label Citations. Show all posts
Showing posts with label Citations. Show all posts
Tuesday, January 18, 2011
CITATIONS FOR CHILD CUSTODY
CITATIONS FOR CHILD CUSTODY
---------------------------
Please find the citations for child custody, I hope the same would serve some of you well.
1. "When Children of the family are taken out of matrimonial home. It becomes an act of inter-parental kidnapping." Amrit Pal Singh Vs Jasmit Kaur AIR 2006 Del 213
2. " As per the Guardian and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956 a Hindu father is recognized as the legal guardian of his male and unmarried female minor children in preference to the mother, and the mother cannot remove any child from the father as to deprive him of the custody and guardianship of the child." In re, Prankrishna 8 Cal 969 (971); In re, Himnath 1 Hyde 111, Ma Thein v Maung Po Gywe 8 Bur LT 73; 29 IC 890 (891) and Radha Laxmi v M.V.C. Sastri AIR 1953 Mys 123.
3. If the mother of the child is claiming maintenance that she is hard pressed for money and has no means to sustain herself then it is a well settled proposition of law that "when it is found that the mother with whom minor are residing is financially hard pressed and could not possibly arrange for education and proper development of the child, the custody of the child should be give to the father. Even if her qualification could help her in finding a job it would render the child in a helpless situation." The same is held in many cases Bhagyalakshami Vs. K Narayana Rao AIR 1983 Mad 9; 1981 TNLJ 451, Meera Vs. Shyam Sundar AIR 1985 Ori 65, Master Jubeen Vs. Principal Judge, Family Court AIR 1994 AII 147
4. As per the section 19(b) of Guardian and Wards Act, 1890, when the father is living, no one else can be appointed as guardian unless a father is found unfit to be a guardian. "The father of a Hindu minor being lawful and natural guardian under the law does not require the support of any order of the court under the provisions of the Guardian and Wards Act 1890. The mother cannot be the natural guardian of the minor so long as the father is alive." The same has been ordained in Sundara Murthy V. Shanmuga Nadar AIR 1980 Mad 207 and Ramachandra V.Annapoorni AIR 1964 Ker 269.
-------------------------------------------------------------------------------------------
There is no divorce in between husband and wife. wife resides at remote place village and husband in a district place both are working and deserted. The wife inlaws are max taking care of child. The wife has harmonal imbalance and some infections medically. The husband has already sent legal notice to the wife to settle with him at his hometown but wife is not ready and having govt job transfer problem or she doesn't want to live her job n settle with husband. her inlaws are demanding ransome money to protect n care for child but not giving the custody of child to his father. father is ready to give her wife to & fro ticket fare from his native place to her job...but need the child should be at his home only..with joint family wl take care of the child...
as we study hindu minority act the place of minor ordinarily considered as father's place of residence and mother cannot deprive ..
. " As per the Guardian and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956 a Hindu father is recognized as the legal guardian of his male and unmarried female minor children in preference to the mother, and the mother cannot remove any child from the father as to deprive him of the custody and guardianship of the child." In re, Prankrishna 8 Cal 969 (971); In re, Himnath 1 Hyde 111, Ma Thein v Maung Po Gywe 8 Bur LT 73; 29 IC 890 (891) and Radha Laxmi v M.V.C. Sastri AIR 1953 Mys 123.
---------------------------
Please find the citations for child custody, I hope the same would serve some of you well.
1. "When Children of the family are taken out of matrimonial home. It becomes an act of inter-parental kidnapping." Amrit Pal Singh Vs Jasmit Kaur AIR 2006 Del 213
2. " As per the Guardian and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956 a Hindu father is recognized as the legal guardian of his male and unmarried female minor children in preference to the mother, and the mother cannot remove any child from the father as to deprive him of the custody and guardianship of the child." In re, Prankrishna 8 Cal 969 (971); In re, Himnath 1 Hyde 111, Ma Thein v Maung Po Gywe 8 Bur LT 73; 29 IC 890 (891) and Radha Laxmi v M.V.C. Sastri AIR 1953 Mys 123.
3. If the mother of the child is claiming maintenance that she is hard pressed for money and has no means to sustain herself then it is a well settled proposition of law that "when it is found that the mother with whom minor are residing is financially hard pressed and could not possibly arrange for education and proper development of the child, the custody of the child should be give to the father. Even if her qualification could help her in finding a job it would render the child in a helpless situation." The same is held in many cases Bhagyalakshami Vs. K Narayana Rao AIR 1983 Mad 9; 1981 TNLJ 451, Meera Vs. Shyam Sundar AIR 1985 Ori 65, Master Jubeen Vs. Principal Judge, Family Court AIR 1994 AII 147
4. As per the section 19(b) of Guardian and Wards Act, 1890, when the father is living, no one else can be appointed as guardian unless a father is found unfit to be a guardian. "The father of a Hindu minor being lawful and natural guardian under the law does not require the support of any order of the court under the provisions of the Guardian and Wards Act 1890. The mother cannot be the natural guardian of the minor so long as the father is alive." The same has been ordained in Sundara Murthy V. Shanmuga Nadar AIR 1980 Mad 207 and Ramachandra V.Annapoorni AIR 1964 Ker 269.
-------------------------------------------------------------------------------------------
There is no divorce in between husband and wife. wife resides at remote place village and husband in a district place both are working and deserted. The wife inlaws are max taking care of child. The wife has harmonal imbalance and some infections medically. The husband has already sent legal notice to the wife to settle with him at his hometown but wife is not ready and having govt job transfer problem or she doesn't want to live her job n settle with husband. her inlaws are demanding ransome money to protect n care for child but not giving the custody of child to his father. father is ready to give her wife to & fro ticket fare from his native place to her job...but need the child should be at his home only..with joint family wl take care of the child...
as we study hindu minority act the place of minor ordinarily considered as father's place of residence and mother cannot deprive ..
. " As per the Guardian and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956 a Hindu father is recognized as the legal guardian of his male and unmarried female minor children in preference to the mother, and the mother cannot remove any child from the father as to deprive him of the custody and guardianship of the child." In re, Prankrishna 8 Cal 969 (971); In re, Himnath 1 Hyde 111, Ma Thein v Maung Po Gywe 8 Bur LT 73; 29 IC 890 (891) and Radha Laxmi v M.V.C. Sastri AIR 1953 Mys 123.
Subscribe to:
Posts (Atom)