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Guardians and Wards Act, 1890

64 judgments · newest first · showing 1–64

PRANIT BABASAHEB GUND THROUGH NATURAL GUARDIAN FATHER BABASAHEB AND ANR.versusTHE STATE OF MAHARASHTRA THROUGH ASSISTANT GOVERNMENT PLEADER, OSMANABAD.

Admitted/Allowed/Granted/Rule Absolute

The appellants, a minor aged 13 and his father, sought to lease land for a solar‑wind project, agreeing to a 28‑year‑6‑month term with M/s Juniper Company. The District Judge allowed the lease only until the minor attained majority, limiting the project's viability. The appellants appealed, arguing …

Sheetal Hemant ManeversusHemant Prakash Mane

Allowed

The High Court of Bombay, Kolhapur Bench, entertained a criminal revision filed by Sheetal Hemant Mane (applicant) challenging a Sessions Court order that had set aside a Judicial Magistrate’s interim custody award to the mother under the Protection of Women from Domestic Violence Act, 2005. The …

MINOSHKA NOELLA DSOUZA AND ANRversusUNION OF INDIA THR ITS SECRETARY AND ORS

Disposed Off

The petitioners, Ms. Minoshka Noella Dsouza and another, claimed to be the biological daughters of Mr. Ralph Anthony Dsouza, who suffers from a severe benign tumor and is dependent on caretakers for daily activities and decision‑making. Invoking the doctrine of parens patriae and the Guardians and …

YASH AJAY SHAH AND ANRversusSTATE OF MAHARASHTRA THR THE GOVERNMENT PLEADER

Disposed Off

The petitioners, siblings of Mrs. Rashmi Ajay Shah, filed a writ petition invoking the doctrine of parens patriae to obtain guardianship over their mother, who suffers from chronic spastic quadriparesis and is mentally incapacitated following a pontine haemorrhage. The High Court directed a medical …

DHRUV RAJANversusLAXMI SHARMA

The petitioner, Dhruv Rajan, filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Mainpuri, to decide a pending suit (Case No. 127 of 2025) filed under Sections 17 and 25 of the Guardians and Wards Act, 1890 on an expedited basis. The petition …

NIRAJ NIGAMversusSMT ANITA GUPTA AND 3 OTHERS

Petitioner Niraj Nigam filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Jaunpur, to decide pending Case No.144 of 2025, which involves Section 7(g) of the Family Courts Act, 1984 and Sections 7Ka and 25 of the Guardians and Wards Act, 1890. The …

SYED NAYAB HAIDER AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

The petitioners, married to Syed Haider Ali, filed a habeas corpus petition alleging that the husband, despite a compromise granting him custody of their minor child, was refusing the petitioner access to the child. The husband had earlier sought custody under the Guardians and Wards Act in the …

KULDEEP GUPTAversusSMT. PRIYANKA GUPTA

The petitioner, Kuldeep Gupta, filed a writ petition under Article 227 seeking a direction to the Additional Judge of the Family Court, Firozabad, to expedite the disposal of a pending civil miscellaneous petition concerning guardianship under Section 7 and Section 25 of the Guardians and Wards Act, …

ANUP ANIL GOGATEversusKSHITIJA ANUP GOGATE

Allowed

The High Court heard an appeal by the mother (appellant) against a Family Court order that had granted interim custody of the minor son to the father (respondent) under Section 12 of the Guardians and Wards Act, 1890. The parties had been married in 2012, the child was born in 2016, and after …

DOLAN ACHARYAversusSNEHASIS RASHBIHARI BATABYAL

Disposed Off

The High Court examined a dispute over custody of a 14‑year‑old son between his parents after a series of consent‑decree arrangements under the Special Marriage Act. The mother sought modification of the consent order to obtain joint parenting, while the father contested the modification, arguing no …

SHRI. YOGESH GANGARAM SANAP AND ANRversusSHRI. ANIL MAHADEV RAGHAV

Disposed Off

The petitioners, biological parents of a girl child ‘Y’, sought interim custody under Section 12 of the Guardians and Wards Act, 1890, alleging that the respondent, a neighbour, had illegally retained the child after a temporary custodial arrangement and had fraudulently enrolled her under a false …

SONAL SANJIV DESHPANDEversusMASTER YASHRAJ SANJIV DESHPANDE

DISPOSED OFF

The petitioner, a natural guardian, sought leave to sell a flat in which a minor held a 33.34% share, invoking Section 8(2) of the Hindu Minority and Guardianship Act, 1956. The minor’s share arose after the deceased father’s intestate death and a subsequent gift deed by the mother to the minor. The …

Rushil Sameer ChachadversusSameer Purnand Chachad

DISPOSED OFF

The petitioner, Sameer Purnanand Chachad, filed a miscellaneous petition seeking the release of a fixed deposit and any accrued interest held by the High Court of Bombay in favor of his son, Rushil Sameer Chachad, who attained the age of majority on 21 April 2026. Earlier, a coordinate bench had …

Sana AzimversusMd. Fashi-Ul-Haque

DISPOSED

The mother, maternal grandparents and the father disputed custody of their minor son, Daniyal Azimul Haque, born in 2019. The father obtained guardianship under Section 25 of the Guardians and Wards Act, 1890, and the Family Court appointed him as guardian in April 2025. The appellants appealed, …

MASTER RUDRANSH MINOR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

The mother of an 18‑month‑old child filed a habeas corpus petition alleging that the father had forcibly taken the child away. The Single Judge dismissed the petition, holding that the child was in the father's custody and directing the mother to seek relief under Section 6 of the Hindu Minority and …

Dipu Kumar Singh @ Dipu @ Kariman SinghversusThe State of Bihar

BAIL GRANTED

Dipu Kumar Singh applied for pre‑arrest bail in a case arising from a matrimonial dispute where his wife alleged dowry demands, torture and her ouster from the marital home. The petitioner contended that the allegations were false and that the matter should be resolved through mediation. The court …

Bishwas PaswanversusSri Ram Paswan

DISPOSED

The appellant challenged the order of the Principal Judge of the Family Court, Munger, which dismissed a guardianship application on the ground of lack of territorial jurisdiction under Section 9(1) of the Guardians and Wards Act, 1890. The minor child, born on 2 March 2022, has lived continuously …

VIVAN ALIAS VIVANSHversusSTATE OF U.P. AND 3 OTHERS

The petitioner, the minor child's maternal grandmother, filed a habeas corpus petition seeking the child's production and restoration of his custody to her, alleging illegal detention by the child's grandfather and another relative. The child’s mother had died after leaving an abusive marriage, and …

MOHTASHEM BILLAH MALIKversusSANA AFTAB

2026 INSC 118Appeal(s) allowed

The dispute involved the custody of two minor sons of an Indian couple married under Muslim Personal Law and residing in Qatar. After a divorce, the Qatar court granted custody of the children to the mother and guardianship to the father, but later revoked the mother's custody when she removed the …

Dhiran Kumar @ Dhirendra Kumar Baitha @ Dhirendra KumarversusThe State of Bihar

DISPOSED

The petitioner, Dhiran Kumar, applied for pre‑arrest bail in a case arising from a matrimonial dispute where the wife alleged dowry demands, torture and eviction. The FIR alleged offences under several sections of the BNS and the Dowry Prohibition Act. Both parties agreed to appear before the …

GHAOSIA TABASSUM IRSHAD AHMADversusMOHAMMAD AYUB IRSHAD FAROOQUI

DISPOSED OFF

The mother filed a guardianship petition seeking appointment as guardian of her minor son and permission to use his inherited movable and immovable property for his welfare, education and medical treatment. The father had died intestate, and the mother had obtained letters of administration over his …

KOMAL KRISHAN ARORA & ORS.versusSANDEEP KUMAR & ORS.

2025 INSC 1123Disposed off

The father filed a habeas corpus petition after the mother left India with their daughter and allegedly left their five‑year‑old son with the maternal grandparents without informing him, violating UK High Court video‑call orders. The High Court of Punjab & Haryana directed that interim custody of …

ARATHY RAMACHANDRANversusBIJAY RAJ MENON

2025 INSC 587Appeal(s) allowed

The mother, a working professional, filed a petition seeking permanent custody of her two minor children, alleging the father might forcibly remove them. The Family Court restrained the father and granted limited visitation, which the father appealed. The High Court then ordered a 15‑day monthly …

KIRAN RAJU PENUMACHAversusTEJUSWINI CHOWDHURY

2025 INSC 358Disposed off

The appellant-father and respondent-mother obtained a mutual consent divorce, with the mother given permanent custody of their son and the father granted interim weekend custody. The father later filed an execution petition to enforce the decree, while the mother filed an application seeking …

SOMPRABHA RANA & ORS.versusTHE STATE OF MADHYA PRADESH & ORS.

2024 INSC 664Case Partly allowed

The case concerned a two‑year‑seven‑month‑old girl whose mother died in an unnatural death. The child had been in the care of her maternal aunts and grandparents since she was 11 months old. The father, who had been arrested and later released on bail, filed a habeas‑corpus petition before the …

GAUTAM KUMAR DASversusNCT OF DELHI AND OTHERS

2024 INSC 610Appeal(s) allowed

The appellant, Gautam Kumar Das, lost his wife and father to COVID-19 shortly after the birth of his daughter Sugandha and temporarily handed her over to his late wife's sister. After remarrying, he sought to regain custody, filing a petition under the Guardians and Wards Act and later a habeas …

ROHITH THAMMANA GOWDAversusSTATE OF KARNATAKA & ORS.

2022 INSC 770Disposed off

The appellant, a US permanent resident, filed a writ petition in Karnataka High Court seeking habeas corpus to have his 11‑year‑old son, a naturalised US citizen born in the United States, returned to the US. The child had been taken to India by the mother without the father's consent in March 2020, …

MRS. AKELLA LALITHAversusSRI KONDA HANUMANTHA RAO & ANR.

2022 INSC 759Case Partly allowed

The mother, Akella Lalitha, gave birth to a child with her first husband Konda Balaji, who died shortly after. She later remarried Akella Ravi Narasimha Sarma, and the child's grandparents sought guardianship and visitation, later prompting the High Court to order a restoration of the child's …

RAJESWARI CHANDRASEKAR GANESHversusTHE STATE OF TAMIL NADU & ORS.

2022 INSC 721Appeal(s) allowed

The petition filed by a mother under Article 32 sought a writ of habeas corpus to compel the father to return their two minor children, who were US residents, from India to the United States in accordance with a shared parenting plan ordered by an Ohio court. The Supreme Court examined whether a …

SWAMINATHAN KUNCHU ACHARYAversusSTATE OF GUJARAT & ORS.

2022 INSC 639Appeal(s) allowed

A five‑year‑old boy lost his parents to COVID‑19. The paternal grandfather filed a writ of habeas corpus seeking custody of the child, who was then staying with his maternal aunt. The Gujarat High Court ordered custody to be transferred to the aunt, citing her younger age, income and larger family. …

AMAN LOHIAversusKIRAN LOHIA

2021 INSC 190Disposed off

The father (Aman Lohia) filed a guardianship petition under the Guardians and Wards Act, 1890 and the Family Courts Act, 1984 seeking declaration as guardian of his two‑year‑old daughter. The mother (Kiran Lohia) did not file a written statement but filed several applications under CPC, including a …

G H JASMEET KAURversusSTATE (NCT OF DELHI) & ANR.

2019 INSC 1361Disposed off

The petitioner, a U.S. citizen, married a U.S. citizen husband and had two children who are U.S. citizens. After a visit to India, the petitioner refused to return to the United States with the children, prompting the husband to obtain custody orders in a Connecticut Superior Court and later file a …

LAHARI SAKHAMURIversusSOBHAN KODALI

2019 INSC 383Disposed off

The wife filed for divorce and custody of her US‑citizen children in a US court, which issued an interim order directing the father to appear for conciliation and later granted him temporary physical custody, ordering the children be returned to the US. She then travelled to India and, concealing …

MURUGAN & ORS.versusKESAVA GOUNDER (DEAD) THR. LRS. AND ORS.

2019 INSC 259Dismissed

The suit concerned property of Petha Gounder that had been sold by his son Balaraman both in his own name and on behalf of his minor son Palanivel without court permission, violating Section 8 of the Hindu Minority & Guardianship Act, 1956. The plaintiffs, sons of Kannan, filed a suit in 1992 for …

NAGAIAH AND ANOTHERversusSMT. CHOWDAMMA (DEAD) BY LRS. AND ANOTHER

2018 INSC 6Appeal(s) allowed

The appellants, two brothers, filed a suit in 1985 seeking a declaration that they were entitled to two‑thirds of a family property and that a sale deed executed by their father in favour of the second defendant was not binding on their share. The suit was filed on behalf of the younger brother, who …

NITHYA ANAND RAGHAVANversusSTATE OF NCT OF DELHI & ANR.

2017 INSC 1295Appeal(s) allowed

The mother, Nithya Anand Raghavan, removed her seven‑year‑old daughter Nethra from the United Kingdom to India and the father filed a writ of habeas corpus in Delhi seeking the child's production and compliance with a UK court order directing her return. The Delhi High Court ordered the mother to …

HARSHITA BHASINversusSTATE OF WEST BENGAL & ORS

2016 INSC 1129Disposed off

Mukul Bhasin and Harshita Bhasin, married in 2007, separated in 2013 and have two minor children aged eight and five. The husband filed a petition under the Guardians and Wards Act, 1890 for dissolution of marriage and custody, while the wife filed a habeas corpus petition. The Calcutta High Court …

ABCversusTHE STATE (NCT OF DELHI)

2015 INSC 482Appeal(s) allowed

An unwed Christian mother filed a petition under Section 7 of the Guardians and Wards Act, 1890, seeking to be appointed guardian of her five‑year‑old son. The Guardian Court dismissed the petition because the mother refused to disclose the name and address of the child’s putative father, holding …

CHANDER PRAKASH TYAGIversusSHRI BENARSI DAS(DEAD) BY LRS. AND OTHERS

2015 INSC 971Dismissed

Advocate Chander Prakash Tyagi was engaged by Banarsi Das to seek guardianship of his grandson under the Guardians and Wards Act. The complainant alleged that Tyagi, after receiving a fee, colluded with the opponents and later accepted a brief from them to file a suit against the same grandson. The …

STEPHANIE JOAN BECKERversusSTATE AND ORS.

2013 INSC 84Appeal(s) allowed

Stephanie Joan Becker, an American citizen, applied under Sections 7 and 26 of the Guardians and Wards Act, 1890, to be appointed guardian of a 10‑year‑old Indian orphan named Tina and to take her abroad for adoption. The trial court and the Delhi High Court rejected the applications, holding that …

DEEPTI BHANDARIversusNITIN BHANDARI & ANR.

2011 INSC 844Disposed off

The case involved a matrimonial dispute between Depti Bhandari and Nitin Bhandari, centering on visitation rights to their minor daughter after the mother shifted residence from Jaipur to Delhi. The father had been granted visitation rights in Jaipur, but the mother sought to modify the order to …

INDERJIT SINGH GREWALversusSTATE OF PUNJAB & ANR.

2011 INSC 601Appeal(s) allowed

The husband and wife obtained a decree of divorce by mutual consent in 2008. The wife later filed a criminal complaint under the Protection of Women from Domestic Violence Act, 2005 alleging the divorce decree was a sham and that they continued to live together. The husband moved the trial …

SHYAMRAO MAROTI KORWATEversusDEEPAK KISANRAO TEKAM

2010 INSC 609Case Partly allowed

After the mother died shortly after giving birth, the child was placed with his maternal grandfather, who applied for guardianship under the Guardians and Wards Act, 1890. The father also filed a petition for custody under the same Act. The District Judge appointed the grandfather as guardian until …

VIKRAM VIR VOHRAversusSHALINI BHALLA

2010 INSC 170Dismissed

The husband and wife obtained a mutual‑consent divorce under Section 13‑B of the Hindu Marriage Act, agreeing that the mother would retain custody of their son and the father would have fortnightly visitation. Both parties later filed applications under Section 26 of the Act seeking to modify the …

GAURAV NAGPALversusSUMEDHA NAGPAL

2008 INSC 1324Dismissed

The father, Gaurav Nagpal, had retained custody of his minor child after allegedly kidnapping and confining the mother, Sumedha Nagpal, and repeatedly violating court orders. The mother filed an application under Section 6 of the Hindu Minority and Guardianship Act, 1956 and Section 25 of the …

NIL RATAN KUNDU & ANR.versusABHIJIT KUNDU

2008 INSC 920Case Allowed

The case concerned an application by the father, Abhijit Kundu, for custody of his six‑year‑old son Antariksh, while the child was in the care of his maternal grandparents who had lodged an FIR against the father under Sections 498A and 304 IPC for the alleged murder of the mother. The trial court …

MAUSAMI MOITRA GANGULIversusJAYANT GANGULI

2008 INSC 636Dismissed

Mausami Moitra Ganguli and Jayant Ganguli were married in 1996 and had a son in 1998. The mother left the matrimonial home in 2001 due to alleged domestic violence, leaving the three‑year‑old child with the father. After a divorce decree in 2002, the mother filed a petition under Sections 10 and 25 …

MOHAN KUMAR RAYANAversusKOMAL MOHAN RAYANA

2007 INSC 1119Disposed off

Mohan Kumar Rayana and Komal Mohan Rayana, a married couple, separated after the birth of their daughter Anisha. The mother obtained custody of the child from the Family Court, while the father was granted limited visitation rights. The Bombay High Court subsequently reduced the father's access, …

LEKHAversusP. ANIL KUMAR

2006 INSC 872Appeal(s) allowed

The parties divorced after a period of separation; the mother later remarried. Their 12‑year‑old son had been living with the mother. The father filed a petition under the Guardians and Wards Act, 1890 seeking custody. The trial court, after interviewing the child who expressed a clear desire to …

SHEILA B. DASversusP.R. SUGASREE

2006 INSC 92Disposed off

The parties were married under the Special Marriage Act and had a daughter born in 1990. The mother left the matrimonial home with the child in 2000, prompting the father to file a habeas corpus petition and applications under Sections 7 and 25 of the Guardians and Wards Act, 1890 and Section 6 of …

ST. THERESA'S TENDER LOVING CARE HOME AND ORS.versusSTATE OF A.P.

2005 INSC 520Dismissed

The Society (St. Theresa's Tender Loving Care Home) sought permission to place a five‑year‑old girl, Sahiti, for inter‑country adoption by two U.S. residents. The child was said to have been relinquished by her mother, but the relinquishment deed was later found to be fabricated and the Society had …

RAJESH K. GUPTAversusRAM GOPAL AGARWALA AND ORS.

2005 INSC 237Dismissed

Rajesh K. Gupta, a Supreme Court advocate, filed a writ of habeas corpus seeking custody of his daughter Rose Mala, who was residing with her mother Aruna Gupta and the maternal grandparents. He alleged that the mother suffered from paranoid schizophrenia and that the child had been abducted by the …

SMT. ANOKHAversusTHE STATE OF RAJASTHAN AND ORS.

2003 INSC 695Appeal(s) allowed

The widowed mother, Smt. Anokha, consented to the adoption of her infant daughter Alka by an Italian couple who had known the family for years. The couple filed a petition under Sections 7, 10 and 17 of the Guardians and Wards Act, 1890, submitting extensive evidence of their suitability. The …

DAVID JUDEversusHANNAH GRACE JUDE AND ORS.

2003 INSC 348Disposed off

The husband filed a contempt petition against his wife and her mother for violating an unconditional undertaking given to the Supreme Court that the child would be brought back to India and that they would appear before the Family Court when required. Despite multiple notices and adjournments, the …

SUMANLAL CHHOTALAL KAMDAR ETC.versusMISS ASHA TRILOKBHAI SHAH ETC.

1995 INSC 348Disposed off

Social workers appealed against a district judge’s order that appointed a Norwegian couple as guardian of a child from an orphanage under Section 7 of the Guardians and Wards Act, 1890, with the superintendent acting as power of attorney holder. The Supreme Court examined whether the adoption …

USHA K. PILLAIversusRAJ. K. SRINIVAS AND ORS.

1993 INSC 174Disposed off

The appellant, Usha Pillai, was appointed guardian of her granddaughter Nivedita after the child's mother committed suicide. The child's father, R.K. Srinivas, abducted the child and took her to the United States, leading the appellant to file a kidnapping complaint. During the criminal trial, the …

LAKSHMI KANT PANDEYversusUNION OF INDIA

1984 INSC 26Disposed off

The Supreme Court entertained a public‑interest writ petition filed by advocate Laxmi Kant Pandey, seeking to restrain private agencies from sending Indian children abroad for adoption and to direct the Union, the Indian Council of Social Welfare and the Indian Council of Child Welfare to fulfill …

THRITY HOSHIE DOLIKUKAversusHOSHIAM SHAVAKSHA DOLIKUKA

1982 INSC 61Appeal(s) allowed

The Supreme Court considered the custody of an 11‑year‑old daughter, Gospi, of a divorced Parsi couple. The lower courts had awarded custody to the father, but the mother appealed, arguing that the child's welfare required her custody and continued education in a boarding school. The Court held that …