Hindu Marriage Act, 1955 (25 of 1955) S. 26 - Hindu
Minority and Guardianship Act, 1956 (36 of 1956) S. 6 - Guardian and Wards Act, 1890 (8 of 1890) S. 25 - Application filed by the appellant under Order 7 Rule 11 of the Code of Civil
Procedure read with Section 10 of the Family Courts Act, 1984 for rejection of the petition filed under Section 26 of the Hindu Marriage Act, 1955 (in short "the Act") read with Section 6 of
the Hindu Minority and Guardianship Act, 1956 and Section 25 of the Guardianship and Wards Act, 1890, for the full custody of minor was dismissed - In the absence of any specific statutory
bar or restriction in law prohibiting filing of separate petition for variation of order of custody of minor child in changed circumstances, it cannot be held that the separate
petition filed by the respondent under Section 26 of the Act was not maintainable - In other words, the respondent had both the remedies available, i.e. a separate petition for variation of
earlier order of custody of minor child or an application in the earlier petition - Order upheld - Civil Procedure Code, 1908 (V of 1908) Order 6, Rule 17. (178) P.L.R.