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Guardian and Wards Act, 1890

14 judgments · newest first · showing 1–14

GULAM YAZDANI GULAM SAMDANIversusIRAM AFREEN ABDUL SAMAD

DISPOSED OFF

The petitioner filed a writ petition challenging an order of the Family Court, Nanded, which had refused his application to amend his reply and to record his relocation to Hyderabad. The underlying family court case (Petition D‑10 of 2021) concerned custody of minor children under section 25 of the …

RAJAN SHARMAversusPRIYANKA SHARMA

The petitioner, Rajan Sharma, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Allahabad, to expedite the disposal of a pending case (No. 1925 of 2025) filed under Section 25 of the Guardian and Wards Act, 1890. The petition solely requested …

Sharmila Gangaram GhaywatversusKalpana Ramdas Gaikwad

DISPOSED OFF

The petition was filed by Kalpana Ramdas Gaikwad, the eldest sister of three minor siblings, seeking the release of cash balances and fixed deposits of their deceased parents under the Guardian and Wards Act, 1890. The minors – Sharmila, Pushpa and Shivaji Ghaywat – were unemployed and residing with …

SANDEEP NARESH BHATIAversusVANITA RAJKUMAR ASWANI

Dismissed

The father (applicant) filed an interim application seeking modification of visitation rights granted to the mother (respondent) under consent terms dated 28 April 2022, which were part of a mutual‑consent divorce decree. He alleged changed circumstances, including the child’s unwillingness to meet …

COL. RAMNEESH PAL SINGHversusSUGANDHI AGGARWAL

2024 INSC 397Appeal(s) allowed

The case concerned the guardianship of two minor children of Colonel Ramneesh Pal Singh and Sugandhi Aggarwal. The Family Court had awarded permanent custody to the father with visitation rights to the mother, but the Delhi High Court set aside that order and ordered shared custody. The Supreme …

SHEOLI HATIversusSOMNATH DAS

2019 INSC 751Disposed off

Sheoli Hati (mother) and Somnath Das (father) were divorced and disputed the custody and education of their daughter Aditi. The father, having given up his claim to custody, sought a direction that the child be admitted to a reputed boarding school at his expense, while the mother opposed this and …

ARATHI SANDIversusBANDI JAGADRAKSHAKA RAO AND ORS.

2013 INSC 473Dismissed

Arathi Sandi and Sandi Jagadrakshaka Rao, a married couple residing in the United States, fought a divorce and child‑custody dispute. The US Superior Court initially granted primary custody of their US‑citizen son to the mother, later modifying the order to make the father the custodial parent and …

GAYTRI BAJAJversusJITEN BHALLA

2012 INSC 450Dismissed

The parties were married in 1992 and had two daughters. They obtained a decree of divorce by mutual consent in 2003, expressly agreeing that the husband would have sole custody of the children and the wife would forego visitation rights. The wife later challenged the decree on grounds of fraud and …

RUCHI MAJOOversusSANJEEV MAJOO

2011 INSC 395Disposed off

The mother, Ruchi Majoo, filed a petition under the Guardians and Wards Act, 1890 seeking interim custody of her 11‑year‑old son who had been residing in Delhi for three years, while the father, Sanjeev Majoo, contested jurisdiction, claiming the child’s ordinary residence was in the United States …

ATHAR HUSSAINversusSYED SIRAJ AHMED & ORS.

2010 INSC 7Dismissed

The father of two minor Muslim children (a 13‑year‑old girl and a 5‑year‑old boy) sought guardianship and interim custody after the mother’s death and his subsequent remarriage. The children’s maternal grandfather, aunt and uncles applied under Sections 7, 9 and 17 of the Guardian and Wards Act, …

SMT. ANJALI KAPOORversusRAJIV BAIJAL

2009 INSC 556Appeal(s) allowed

The case concerned custody of a minor female child whose mother died at birth. The child had been raised by her maternal grandmother (the appellant) since infancy, while the father (the respondent) sought custody as the natural guardian under the Guardian and Wards Act, 1890. The Family Court and …

GITHA HARIHARAN AND ANR .versusRESERVE BANK OF INDIA AND ANR.

1999 INSC 66Disposed off

The petitioners, a mother and father, applied to the Reserve Bank of India for relief bonds in their minor son's name, with the mother signing as guardian. RBI rejected the application, insisting on the father's signature or a guardianship certificate, relying on Section 6(a) of the Hindu Minority …

DHANWANTI JOSHIversusMADHAV UNDE

1997 INSC 715Appeal(s) allowed

The mother, Dhanwati Joshi, had been granted permanent custody of her son by the Bombay High Court in 1986 and by an ex‑parte order under the Guardian and Wards Act, 1890 in 1987. The father, Madhav Unde, later obtained custody in a US court and subsequently filed a fresh petition in the Indian …