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57 judgments · newest first · showing 1–57
The petitioners, grandparents of minor Mansa, sought to cancel a gift deed they had executed in her favour, alleging it was obtained through coercion by the deceased mother Kavita and her maternal relatives. After Kavita’s death, the petitioners applied to add their son Vinod as a legal heir in the …
The applicant filed a first appeal against a judgment dated 27 September 2023 under Section 6 of the Hindu Minority and Guardianship Act, 1956 concerning custody of a minor child. The appeal was filed 171 days after the judgment, exceeding the prescribed time limit. The court examined the reasons …
The petitioners, both adults, claimed to have married of their own free will and sought a writ of mandamus to prevent interference by the father of one petitioner, alleging threats to their life and liberty. The State counsel argued that the marriage was void or voidable because the male petitioner …
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, …
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 …
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 …
Satendra Kumar filed a writ petition under Article 227 seeking a direction to the Principal Judge of the Family Court, Firozabad, to decide the pending Civil Miscellaneous Petition No.28 of 2025 (Satendra Kumar v. Ravindra Singh) filed under Section 6 of the Hindu Minority and Guardianship Act, …
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 …
The petitioner, Sanjay Kumar Yadav, applied for pre‑arrest bail in a complaint alleging he tortured his wife and misappropriated gifts after marriage. The wife (OP No.2) claimed she was deprived of jewellery and money and sought maintenance for their seven‑year‑old daughter. Both parties expressed …
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 …
Manish Kumar Mani filed a writ petition under Article 226 seeking custody and visitation rights over his minor children, who were in the custody of their mother. The High Court examined whether a habeas corpus petition is appropriate for child custody disputes, noting that such matters are …
Tillana Shripal Shah filed a habeas corpus petition seeking the return of her son, Shriyan, from India to Canada, asserting that she is the legal custodian per an Ontario court order. The father, Shripal Shreyaskumar Shah, had taken the child to India in December 2025 without the mother’s consent, …
The petitioners, a 21‑year‑old woman and a 20‑year‑old man, filed a writ petition seeking a mandamus directing the State not to interfere with their marital life, alleging threats from the woman's father. The State argued that the marriage was void or voidable under the Prohibition of Child Marriage …
The petitioner, Praveen, filed a writ petition seeking a habeas corpus writ to recover his minor son, Viraj Shah, from the maternal grandparents who were allegedly retaining the child illegally. He also sought mandamus directing police assistance and protection for his family. The High Court …
The petitioner, RajKamal, filed a writ of habeas corpus seeking the release of his two minor children, alleging that his in‑laws had taken them into illegal custody after his wife’s death. He claimed the respondents, including police officials and his in‑laws, were unlawfully detaining the children. …
The mother of a minor child filed an application in the Patna High Court seeking custody of the child, who was then in the father's custody. The Court examined the materials and concluded that the appropriate forum for such a dispute is the Family Court with jurisdiction under the Hindu Minority and …
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 …
The petitioners, a 20‑year‑old woman and a 19‑year‑old man, filed a writ petition seeking a mandamus directing the State not to interfere with their marital life and to provide protection, alleging harassment by the woman's father. The State argued that the marriage was void or voidable under the …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 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 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, …
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 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 …
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 …
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 …
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, …
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 …
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 …
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 …
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 …
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), …
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 …
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 …
