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Legislation

Hindu Minority and Guardianship Act, 1956

22 Supreme Court judgments cite this Act.

VITHALDAS JAGANNATH KHATRI (D) THROUGH SHAKUNTALA ALIAS SUSHMA & ORS.versusTHE STATE OF MAHARASHTRA REVENUE AND FOREST DEPARTMENT & ORS.

2019 INSC 97629 August 2019Matter referred to larger bench

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 CHANDRAKANTHversusSANGAPPPA & ORS

2022 INSC 76929 July 2022Dismissed

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

MRS. AKELLA LALITHAversusSRI KONDA HANUMANTHA RAO & ANR.

2022 INSC 75928 July 2022Case 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 original surname and to re

SURYA VADANANversusSTATE OF TAMIL NADU & ORS.

2015 INSC 17827 February 2015Disposed off

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 KUMARversusDR. SONILA & ORS.

2018 INSC 100726 October 2018Leave Granted & Allowed

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

SAROJversusSUNDER SINGH & ORS.

2013 INSC 77925 November 2013Appeal(s) allowed

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

ELUMALAI @ VENKATESAN & ANRversusM. KAMALA AND ORS. & ETC.

2023 INSC 8325 January 2023Dismissed

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

AMAN LOHIAversusKIRAN LOHIA

2021 INSC 19017 March 2021Disposed 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 Section 151 applicat

JITENDER ARORA & ORS.versusSUKRITI ARORA & ORS.

2017 INSC 15217 February 2017Appeal(s) allowed

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

ROXANN SHARMAversusARUNSHARMA

2015 INSC 12917 February 2015Appeal(s) allowed

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

DESH RAJ & ORS.versusROHTASH SINGH

2022 INSC 127914 December 2022Appeal(s) allowed

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

SHYAMRAO MAROTI KORWATEversusDEEPAK KISANRAO TEKAM

2010 INSC 60914 September 2010Case 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 the child turned 12,

RAJESWARI CHANDRASEKAR GANESHversusTHE STATE OF TAMIL NADU & ORS.

2022 INSC 72114 July 2022Appeal(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 writ of habeas corpus i

M.R. VINODAversusM.S. SUSHEELAMMA (D) BY LRS. AND OTHERS

2021 INSC 87813 December 2021Dismissed

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

VIVEK SINGHversusROMANI SINGH

2017 INSC 13013 February 2017Directions issued

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

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

2019 INSC 136112 December 2019Disposed 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 habeas corpus petiti

SHEOLI HATIversusSOMNATH DAS

2019 INSC 75111 July 2019Disposed 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 preferred schooling i

ABCversusTHE STATE (NCT OF DELHI)

2015 INSC 4826 July 2015Appeal(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 that Section 11 requir

TEJASWINI GAUD AND ORS.versusSHEKHAR JAGDISH PRASAD TEWARI AND OTHERS

2019 INSC 6306 May 2019Disposed off

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 RAYANAversusKOMAL MOHAN RAYANA

2010 INSC 1976 April 2010Dismissed

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

GAYTRI BAJAJversusJITEN BHALLA

2012 INSC 4505 October 2012Dismissed

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

NARAYANversusBABASAHEB & ORS.

2016 INSC 2965 April 2016Dismissed

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,

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