1. Guardian and Wards Act, 1890 (8 of 1890) - Upon a guardianship petition being laid before the Court, the concerned child ceases to be in the exclusive custody of the parents; thereafter, until the attainment of majority, the child continues in curial curatorship. (S.C.)(183) PLR
  2. Guardian and Wards Act, 1890 (8 of 1890) S.  4(1) - There is nothing in the Act of 1890, forbidding the applicability of Civil Procedure Code to proceedings under the Act of 1890 - Civil Procedure Code, 1908 (V of 1908). (174) PLR
  3. Guardian and Wards Act, 1890 (8 of 1890) S.  7, 11 - Child - Unwed mother - Specifically notify the putative father of the child whom she has given birth to of her petition for appointment as the guardian of her child - The common perception would be that three competing legal interests would arise, namely, of the mother and the father and the child. (S.C.)(183) PLR
  4. Guardian and Wards Act, 1890 (8 of 1890) S.  7 - Minor was only about 2-1/2 years of age when the parties obtained the decree for the dissolution of their marriage by mutual consent under Section 13-B of the  Act - Husband neither reserved his visiting rights to his minor daughter nor he kept open the point of her custody - Rather, petitioner/wife in those proceedings has stated that all the disputes have been settled and nothing remains towards the respondent/husband and even on behalf of the  child - Application for custody moved by husband after child is being provided education by the respondent herein and even the second husband of the respondent is treating the minor child as his own daughter - Application dismissed - Order upheld. (173) PLR
  5. Guardian and Wards Act, 1890 (8 of 1890) S.  9 - Is a special Act, containing the special provisions, relating to the guardians and wards - Section 9 of this Act postulates that if the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides - The provisions of this Act have preference over general law of territorial jurisdiction. (174) PLR
  6. Guardian and Wards Act, 1890 (8 of 1890) S.  9(1) - Residence - A reasonable meaning of `residence' would mean dwelling in a place for some continuous time - The word `ordinarily resides' in sub Section 1 of Section 9 may include a temporary residence, if minor has been residing there for considerable length of time - Words "ordinarily resides" would mean a regular, normal, a settled home or a regular place of abode, which can be distinguishable from a temporary or a forced stay - If a minor child has been removed either by stealth or by compulsion and kept at a different place than the house of a natural born, the same cannot be said to be a place where the child `ordinarily' resides. (174) PLR
  7. Guardian and Wards Act, 1890 (8 of 1890) S. 11 - Is purely procedural; we see no harm or mischief in relaxing its requirements to attain the intendment of the Act - Given that the term "parent" is not defined in the Act, we interpret it, in the case of illegitimate children whose sole caregiver is one of his/her parents, to principally mean that parent alone. Held, that Christian unwed mothers in India are disadvantaged when compared to their Hindu counterparts, who are the natural guardians of their illegitimate children by virtue of their maternity alone, without the requirement of any notice to the putative fathers. It would be apposite for us to underscore that our Directive Principles envision the existence of a uniform civil code, but this remains an unaddressed constitutional expectation. Held, further, that Section 11 is procedural; we see no harm or mischief in relaxing its requirements to attain the intendment of the Act. Given that the term "parent" is not defined in the Act, we interpret it, in the case of illegitimate children whose sole caregiver is one of his/her parents, to principally mean that parent alone. Guardianship or custody orders never attain permanence or finality and can be questioned at any time, by any person genuinely concerned for the minor child, if the child's welfare is in peril. The uninvolved parent is therefore not precluded from approaching the Guardian Court to quash, vary or modify its orders if the best interests of the child so indicate. There is thus no mandatory and inflexible procedural requirement of notice to be served to the putative father in connection with a guardianship or custody petition preferred by the natural mother of the child of whom she is the sole caregiver. (S.C.)(183) PLR
  8. Guardian and Wards Act, 1890 (8 of 1890) S. 25, 10(3) - Petition under Section 25 of the Act has already been entertained by the Court and it has rightly exercised its discretion in allowing the application filed by the respondent under Section 10(3) of the Act during its pendency and has rightly dismissed the application filed by the petitioners for dismissal of the original petition on the ground of its non-compliance. (178) PLR
  9. Guardian and Wards Act, 1890 (8 of 1890) S. 26 - Also take serious note of the Father, without notifying or taking the permission of the Civil Judge, leaving its jurisdiction along with minor - Prima facie this undermines the authority of the Court and it may even tantamount to contempt of court. Section 26 of the G&W Act has been violated and that too by a person who has not been appointed as the guardian - Relocation is now a well known legal concept. Since movement of persons from one place to another or one State to another State of the Country or even from one Country to another Country of the Globe is no longer a rarity - Father ought not to have left the jurisdiction of Court in Goa which was discharging its duties as parens patirae.  (S.C.)(180) PLR
  10. Guardian and Wards Act, 1890 (8 of 1890) S. 26 - Minor studying in Ludhiana - Children are US Citizens by birth - Therefore, for their mental and emotional developments, it is required that they should visit their motherland and be acquainted with its environment and also meet their mother - Moreover, the decree incorporating the settled conditions was passed by the US Court and in case of violation, the same can always be enforced by US Court or the Police Department of USA - Mother petitioner has agreed to bear the traveling expenses of the children and also their boarding and lodging expenses and ensure their safe return on the date ordered by this Court - Visitation to USA allowed.  (182) PLR