Hindu Minority and Guardianship Act, 1956

The case concerned a partition deed dated 31‑January‑1970 in which a Hindu undivided family allotted agricultural land to two minor daughters of Vithaldas Jagannath Khatri. The State of Maharashtra challenged the exclusion of that land from the surplus‑land calculation under the Maharashtra Agricultural Lands (Ceiling …

M. V. Chandrakanth (appellant) challenged a Division Bench of the Karnataka High Court that had set aside a Single Judge's order dismissing a writ petition filed by Respondent No.1, who claimed Other Backward Class (OBC) reservation as a member of the Ganiga caste. The central issue was whether a person belonging to th…

The eldest male member of a joint Hindu family, acting as Karta, together with two widows who were also guardians of their minor sons, executed a sale deed of family lands. The plaintiffs, members of the same family, challenged the sale alleging fraud and contended that the Karta lacked authority because Section 8 of t…

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 original surname and to re…

Surya and Mayura Vadanan, both British citizens, married in India and had two daughters in the UK. In August 2012 Mayura brought the children to India and filed for divorce. Surya obtained an interim order from the High Court of Justice in England making the children wards of that court and directing the mother to retu…

Dr. Amit Kumar and Dr. Sonila, both doctors posted with the CRPF, obtained a decree of divorce by mutual consent in 2016 which stipulated that custody of their two minor children would vest with the father, with each parent bearing the expenses of one child. After the father was transferred to Jammu, the children were …

The appellant, a minor daughter, along with her two sisters sued their mother (the natural guardian) to declare a sale deed of their father's ancestral land null and void. After the father's death, the mother sold the entire property to a third party, claiming the proceeds were used for the daughters' maintenance, educ…

The case concerned the self‑acquired property of Sengalani Chettiar, who had two marriages. His son Chandran (the father of the appellants) executed a release deed in 1975, relinquishing any claim to the property in return for valuable consideration, and stating he would have no further connection except blood relation…

The father of three minor sons filed a title suit in which the minors were added as co-plaintiffs and a court‑appointed guardian was assigned. After the suit was compromised, the father, acting as natural guardian, sold the suit land to the first respondent without obtaining prior court sanction, and the sale was recor…

The appellant Madhegowda purchased the share of a minor, Sakamma, in a property from her sister Madamma, who acted as a de facto guardian, in 1961. After attaining majority, Sakamma sold the same share to Ankegowda in 1967, leading to a suit for declaration of title, partition and possession. The trial court and first …

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 Guardians and Wards Act, 1…

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 Section 151 applicat…

The father of a minor leased his son's land to G. Annamalai Pillai for five years, a term that extended beyond the minor's attainment of majority, violating Section 8(2)(b) of the Hindu Minority and Guardianship Act, 1956. The minor, upon reaching majority, avoided the lease under Section 8(3), raising the question whe…

The Supreme Court considered a custody dispute between Jitender Arora (father) and Sukriti Arora (mother) over their 15‑year‑old daughter, Vaishali. Both parents had obtained ex‑parte divorce decrees in the UK and India, and the mother filed a habeas corpus petition seeking custody. The High Court had ordered temporary…

The mother, Roxann Sharma, and the father, Arun Sharma, contested custody of their infant son Thalbir, who was less than five years old. The Goa civil court initially granted interim custody to the mother with visitation rights to the father. A single judge of the High Court of Bombay at Goa later reversed this, awardi…

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 the Hindu Minority an…

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 and Guardianship Act,…

The father, as natural guardian, sold immovable property belonging to his minor daughter without court permission and not for legal necessity, violating the Hindu Minority and Guardianship Act, 1956. The sale was voidable, and after attaining majority the daughter sold the property to the respondent within three years,…

Sarita Sharma and Sushil Sharma, married in 1988, were involved in divorce proceedings in a Texas court which intermittently granted custody of their two minor children to the father and limited the mother to visitation. While the divorce was pending, the mother exercised her visitation rights and removed the children …

The appellants, joint owners of a 23‑kanal property, entered into two sale agreements with the respondent, requiring the sale deed to be executed by 16‑08‑2004 and making earnest money forfeitable if the deadline was missed. The respondent paid part of the consideration as earnest money but failed to appear for executi…

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 the child turned 12,…

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 writ of habeas corpus i…

The case involved three branches of a Mitakshara joint Hindu family that executed a partition deed in 1961. In 1969 the eldest brother of one branch, acting as Karta, and a cousin executed a relinquishment deed surrendering their branch's share in favour of the eldest uncle who had repaid a family mortgage. Four younge…

The appellant entered into an agreement to purchase six acres of land, paying Rs. 50,000 as earnest money (labelled as an advance) and agreeing to register the sale deed within six months, making time of the essence. He took possession, levelled the land and sought a layout plan, which the Gram Panchayat refused, after…

Vivek Singh (father) and Romani Singh (mother) contested custody of their minor daughter Saesha Singh. The mother filed a petition under Sections 25, 10 and 12 of the Guardians and Wards Act, 1980 seeking custody and guardianship; the Family Court dismissed it, but the Delhi High Court granted custody to the mother. On…

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 habeas corpus petiti…

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 of the Guardians and…

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 preferred schooling i…

Surinder Kaur Sandhu and Harbax Singh Sandhu, both Indian citizens, married in 1975 and moved to England where their son Pritpal Singh was born in 1976, making him a British citizen. After the husband was convicted for attempting to murder his wife and later removed the child to India in 1983, the wife obtained a ward …

The case involved a three‑year‑old girl, a British citizen by birth, whose parents, both Indian nationals, were permanent residents of the United Kingdom. After marital discord, the mother took the child to India, while the father obtained an ex‑parte order from the High Court of Justice, Family Division, England, decl…

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 and the Calcutta High…

In a partition suit, a cinema theatre was allotted to a woman and her minor son subject to payment of Rs.1,55,000 each. Unable to pay, the theatre was auctioned. The appellant advanced Rs.2,10,391 to the woman to set aside the sale, on the condition that she would sell the theatre to him for Rs.7,44,000. The appellant …

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 that Section 11 requir…

The father filed a writ of habeas corpus seeking custody of his 1½‑year‑old daughter who had been looked after by the child's maternal aunt and uncle after the mother’s death and the father's prolonged illness. The High Court ordered the child be handed over to the father, granting the writ. The appellants challenged t…

Mohan Kumar Rayana and Komal Mohan Rayana, who were married in 2000, separated and contested custody of their daughter Anisha, born in 2002. The Family Court awarded custody to the mother with the father receiving alternate weekend visitation and a 50% share of school vacations, a decision affirmed by the Bombay High C…

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 also sought custody/v…

The mother of two minor respondents sold their land to the appellant without obtaining court permission, though the deed was attested by the father. After attaining majority, the respondents sued for possession, claiming the sale was void. The appellant argued that the father's attestation made the sale a valid act of …

The plaintiffs, children of a deceased father, filed a partition suit in 1989 seeking to set aside two sale deeds executed by their mother, the natural guardian, in 1982 and 1988. The mother had sold the ancestral property without court permission, allegedly in contravention of the Hindu Minority and Guardianship Act, …

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, directed both parents t…