Child Custody Citations


Supreme Court of India
(Equivalent citations: AIR 1999 SC 1741, JT 1999 (4) SC 3, 1999 (3) SCALE 584)


We make it clear that the Guardian and Wards Court will decide the question of further interim or final relief strictly on its own merits, without in any way being affected by the interim arrangement which is directed to be continued, without prejudice to the rights and contentions of both the parties, by our present order.


Supreme Court of India
(Equivalent citations: 1982 AIR, 3 1982 SCR (1)1003)


It is plain in the context of cl. (ii) of s. 19 of the Act, that the word ‘resides’ must mean the actual place of residence and not a legal or constructive residence; it certainly does not connote the place of origin. The word ‘resides’ is a flexible one and has many shades of meaning, but it must take its colour and content from the context in which it appears and cannot be read in isolation. It follows that it was the actual residence of the appellant, at the commencement of the proceedings, that had to be considered for determining whether the District Judge,        Almora, had jurisdiction or not. That being so, the High Court was clearly in error in uphold in the finding of the learned District Judge that he had jurisdiction to entertain and try the petition for annulment of marriage filed by the respondent under s. 12 of the Act. In the result, the judgment of the High Court is set aside and the District Judge, Almora, is directed to return to the respondent the petition filed by him for nullity of marriage under s. 12 of the Hindu Marriage Act, 1955 for presentation to the proper court, i.e. the Court of the District Judge, Delhi. There shall be Do order as to costs. S.R. Appeal allowed.


Punjab-Haryana High Court
(Equivalent citations: AIR 2005 P H 237)


The Guardian Judge, Hoshiarpur is directed to decide the petition filed by the petitioner-mother expeditiously. Keeping in view the principles enunciated by Section 6(1) of 1956 Act, the interim custody of the minor child Gautam who is admittedly below five years of age is granted to mother. Let the child be handed over to the petitioner-wife within a period of one week from today. The petitioner-mother shall also be entitled to costs which are quantified as Rs. 10,000/-


Madras High Court


 Keeping in mind the principles and guidelines contained in the decisions of the Supreme Court and this Court aforementioned, this Court is of the opinion that the custody of the child with the mother would be more advantageous to the welfare of the child and there is no valid ground made out interfere with the well considered order passed by the Court below. The observations and findings of the learned Principal Subordinate Judge are more appropriate, which are pertinent to the point in issue and he has personally seen the child on two occasions in the court and reached a conclusion that the child is not in a position to farm a definite idea. He has also aptly provided visitation rights to the petitioner. If both parties intend to have any clarification in the order challenged before this court as to the visitation rights, with reference to time and place, where the child has to be visited by the petitioner, they may very well approach the Court below by filing separate application and get orders. The Civil Revision Petition is devoid of merits which suffers dismissal.


Supreme Court of India
(CIVIL APPEAL NO.2628 OF 2009)


Ordinarily, under the Guardian and Wards Act, the natural guardians of the child have the right to the custody of the child, but that right is not absolute and the Courts are expected to give paramount consideration to the welfare of the minor child. The child has remained with the appellant/grandmother for a long time and is growing up well in an atmosphere which is conducive to its growth. It may not be proper at this stage for diverting the environment to which the child is used to. Therefore, it is desirable to allow the appellant to retain the custody of the child.




The petition under Section 7 and 25 of the Act read with Section 6 and 13 of the Hindu Minority & Guardianship Act, pending in the court of Civil Judge (Senior Division), Patiala, is ordered to be transferred to Chandigarh. File complete in all respects be sent to the transferee Court i.e. Civil Judge (Senior Division), Chandigarh, by November 21, 2009. Parties are directed to appear before the transferee Court on November 21, 2009.
  1. No comments yet.
  1. No trackbacks yet.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

Fight for Justice

A crusaders blog for inspiring thought.

Stand up for your rights

Gender biased laws

MyNation Foundation - News

News Articles from MyNation, india - News you can use

498afighthard's Blog

Raising Awareness About Gender Biased Laws and its misuse In India

The Blog

The latest news on and the WordPress community.

%d bloggers like this: