natural guardian Archives

Whether a father can be booked for offence of kidnapping for taking away his own minor child from the custody of the mother? Karnataka HC answers

Perusing relevant provisions of Guardianship Act, the Court pointed out that a father is a natural guardian of a minor in the absence of any order otherwise passed by a Court of competent jurisdiction.

Case Briefs High Courts

Welfare of the child in custody matters is foremost; Delhi High Court appoints maternal grandparents as ‘guardians’ of minor

In the matters of Guardianship and Custody, the dilemma is that the logic may say that the child must be in the custody of his father, but the circumstances and the intelligent preference of the child point out that it is not in the interest and welfare of the child to uproot him from the family where he has been happily entrenched since the age of 1½ years.

Case Briefs High Courts

Andhra Pradesh High Court quashes kidnapping proceedings against father proclaiming to be the lawful guardian of minor children under Mohammadian Law

The Andhra Pradesh High Court referred to Section 361 IPC and stated that taking of a minor out of the keeping of the lawful guardian does not make the father criminally liable for kidnapping since the parties were governed by the Mohammadian Law.

Case Briefs High Courts

Bound to protect Constitutional Rights of women, Calcutta High Court regularises domestic violence application filed by minor

The Court held that application filed by minor under Section 12 of Domestic Violence Act cannot be dismissed on the grounds of maintainability especially when she had attained majority before the date of final order.

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Case Briefs Supreme Court

Mother, being the only natural guardian after biological father’s death, can decide child’s surname; can even give the child in adoption: SC

“When a child takes on to be a kosher member of the adoptive family it is only logical that he takes the surname of the adoptive family and it is thus befuddling to see judicial intervention in such a matter.”