Custody of minor child to be determined by the welfare of the minor #indianlaws

Feb
19
2017


The Supreme Court in the matter titled as Vivek Singh Vs. Romani Singh, Civil Appeal no. 3962/2016 decided on 13th February, 2017 was determining the issue of custody of a minor child. The Court reiterated the old principle that welfare of the minor child is the first and paramount consideration and in order to determine child custody, the jurisdiction exercised by the Court rests on its own inherent equality powers where the Court acts as 'Parens Patriae'.




Transaction in minor’s name contravening Guardianship Act, 1956 and also without any legal necessity is voidable #indianlaws

Apr
19
2016


Section 7 of the Limitation Act makes it clear that when one of several persons who are jointly entitled to institute a suit or make an application for the execution of the decree and a discharge can be given without the concurrence of such person, time will run against all of them but when no such discharge can be given, time will not run against all of them until one of them becomes capable of giving discharge. Further, as per Explanation 2 of Section 7, the manager of a Hindu undivided family governed by Mitakshara law shall be deemed to be capable of giving a discharge without concurrence of other members of family only if he is in management of the joint family property. In the present case, Plaintiffs 3 to 5 though majors as on the date of institution of suit would not fall under Explanation 2 of Section 7 of the Limitation Act as they were not the manager or Karta of the joint family. The suit was held to be as instituted well within three years of limitation from the date of attaining majority as envisaged under Article 60 of the Act.




Difference between Visitation and Custody of minor child between warring parents

Nov
11
2014


A visitation order means an order establishing the visiting times for a non-custodial parent with his or her children. Although the non-custodial parent is responsible for the care of the child during visits, visitation differs from custody because non-custodial parent and child do not live together as a family unit. 




Sale of Minor's property cannot be done without obtaining the prior permission of the Court.

Nov
25
2013


In view of the provisions of Section 8(2) of the Hindu Minority and Guardianship Act, 1956 one cannot mortgage or charge, or transfer by sale, gift of the minor’s property without taking prior permission of the court.








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