Court : Kerala
Reported in : 2008(3)KLJ429
..... the application to such person explanation - for the purposes of this chapter,-(a) 'minor' means a person who, under the provisions of the indian majority act, 1875 (9 of 1875) is deemed not to have attained his majority;(b) 'wife' includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. ..... unable to maintain herself, or(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or(d) his father or mother, unable to maintain himself or herself, a magistrate of the first ..... to pay maintenance under the provisions of the muslim women (protection of rights on divorce) act, 1986 is not limited to two years of age, the supreme court held that in the case of children, they are entitled to claim maintenance till they attain majority in case they are unable to maintain themselves and in the case of females, till they ..... majority or are able to maintain themselves, whichever is earlier, and in case of females, till they get married, and this right is not restricted, affected or controlled by divorce wife's right to claim maintenance for maintaining the infant child/children in her custody for a period of two years from the date of birth of the child concerned under section 3(1)(b) of the 1986 act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC530; 105(2008)CLT729(SC); 2008CriLJ727; I(2008)DMC22SC; (2008)2GLR1159(SC); JT2008(1)SC78; 2008(1)KLT41; 2008(1)KLT41(SC); (2008)2MLJ481(SC); 2008(2)MPHT13(SC); 2008(2)SCC316; (2008)1SCC(Cri)356; 2008(1)Crimes74; 2008(1)AICLR342
..... -for the purposes of this chapter,-(a) 'minor' means a person who, under the provisions of the indian majority act, 1875 (9 of 1875), is deemed not to have attained his majority; (b) 'wife' includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. ..... neglects or refuses to maintain (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a magistrate of the first class may, upon proof of such neglect or refusal, order ..... same to such person as the magistrate may from time to time direct:provided that the magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010CriLJ395; JT2009(12)SC74; (2009)8SCC359
..... -(a) 'minor' means a person who, under the provisions of the indian majority act, 1875 (9 of 1875) is deemed not to have attained his majority;(b) 'wife' includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried ..... to such person as the magistrate may from time to time direct:provided that the magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.provided further that the magistrate may, during the pendency of the proceeding regarding monthly allowance for ..... neglects or refuses to maintain-(a) his wife, unable to maintain herself, or(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or(d) his father or mother, unable to maintain himself or herself,a magistrate of the first class may, upon proof of such neglect or refusal, ..... this case the direction has been issued to recover the amount of maintenance only for the period prior to the sons' attaining majority and the daughters getting married and hence no interference with the impugned judgment, in this behalf, is called for.19. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR1093; 2004(2)BomCR399
..... act, 1956 (32 of 1956) received the assent of the president on 25th august, 1956 after being passed by both the houses of parliament.the hindu minority and guardianship act, 1956 is supplemental to the following acts :-(i)indian majority act, 1875 (9 of 1875 ..... of objects and reasons 1.this is another instalment of the hindu code and it deals with the law relating to minority and guardianship.2.under the indian majority act, 1875, a person attains majority on his completing the age of 18 years but if before the completion of that age he has a guardian appointed by the court, he attains majority on completing the age of 21 years. ..... shall ordinarily be with the mother;(b)in case of an illegitimate boy or an illegitimate unmarried girl-the mother, and after her, the father;(c)in the case of a married girl-the husband:provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section-(a)if he has ceased to be a hindu, or(b)if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati ..... of minor in the bill will ensure that the age of majority is 18 for all practical purposes.3.guardians may be divided into three classes, namely , - (1)natural guardians, (2)testamentary guardians, and(3)guardians appointed under the guardians and wards act, 1890, and the present bill is supplemental to the guardians and wards act, 1890, and deals with natural guardian and testamentary guardians incidentally .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1986Guj116; (1986)2GLR1041
..... of the majority act, 1875, it is clear that notwithstanding anything contained in the succession act where the minors person or property was in the hands of the guardian at the age of 18, his minority would, extend up to 21 years ..... the majority act, 1875, the petitioner cannot be said to have become major. ..... 3 of the majority act deals with the same subject and makes different provision than what is made in the act and therefore, it is, inconsistent with the provisions of the act.hence, according to him, the same cannot be ..... the majority act which provides the age of 21 as the age of minority in cases where the court guardian has been appointed for the person or property of a minor cannot (sic) be said to override the rule of majority, i.e ..... 3 of majority act is inconsistent- with the provisions, of the act and therefore the same cannot be taken ..... in above view of the matter, the contention that the provisions of the act would be applicable and that the petitioner has attained majority on completion of 18 years of age and therefore the amount deposited be released cannot ..... the hindu minority and guardianship act virtually leaves the age of majority of a hindu minor ..... guardian of the person or property is appointed or declared by a court or superintendence of his property is assumed by the court of wards, the minor shall be deemed to have attained majority on the completion of twenty one years, despite the, overriding effect of the hindu minority and guardianship act over other acts. .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)1GLR33
..... from the date of the service of notice of the application to such person.explanation: for the purpose of this chapter:(a) 'minor' means a person who, under the provisions of the indian majority act, 1875 (9 of 1875) is deemed not to have attained his majority;(b) 'wife' includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. ..... the magistrate may from time to time direct:provided that the magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the magistrate is satisfied that the husband of such minor famale child, if married, is not possessed of sufficient means:provided further that the magistrate may, during the pendency of the proceeding ..... refuses to maintain:(a) his wife, unable to maintain herself, or(b) his legitimate or illegitimate child whether married or not, unable to maintain itself, or(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or(d) his father or mother, unable to maintain himself or herself,a magistrate of the first class may, upon proof of ..... 125 makes a special provision for the magistrate to award maintenance to a wife, parents, minor children or even major children not being a married daughter who by reason of any physical or mental abnormality or injury are unable .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)2GLR1764
..... (1) 'minor' means a person who, under the provisions of the indian majority act, 1875 (ix of 1875), is to be deemed not to have attained his majority;(2) 'guardian' means a person having the care of the person of a minor or of his property or of both his person and property;(3) 'ward' means a minor for whose person or property or both there is ..... under the indian majority act, 1875, section 3 provides for age of majority of persons domiciled ..... years shall ordinarily be with the mother,(b) in case of an illegitimate boy or an illegitimate unmarried girl the mother, and after her, the father;(c) in the case of a married girl-the husband:provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section -(a) if he has ceased to be hindu, or(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).explanation :- in this ..... of a minor or of his property or of both his person and property, and includes -(i) a natural guardian,(ii) a guardian appointed by the will of the minor's father or mother,(iii) a guardian appointed or declared by a court; and(iv) a person empowered to act as such by or under any enactment relating to any court of wards;(c) 'natural guardian' means any of the guardians mentioned in section 6.21. ..... that every other person domiciled in india shall be deemed to have attained majority when the person completes the age of eighteen years and not before. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal59,64CWN786
..... sen for the petitioner has referred us to section 2(a) of the indian majority act 1875 which provides that nothing in the act shall affect the capacity of any person to act in the following matters, viz. ..... the purpose of acting in respect of marriage, dower, divorce and adoption, this age of majority as fixed by indian majority act, 1875 does not apply. ..... been held that in spite of the provisions of order 32 of the civil procedure code, a muslim woman who is major according to her personal law but minor according to the majority act may sue without next friend in the matter of divorce or dissolution of marriage. ..... purposes under the indian, majority act, when a certificated guardian has been appointed, the age of majority is 21 years, and where no such guardian is appointed the age of majority is 18 years. ..... if lawfully made is valid for all purposes except to the extent provided in section 2(a) of the indian majority act. ..... was a decision by a division beach and where it was held that under the mohamedan law a wife of 16 years of age was entitled to sue for divorce without a next friend by virtue of section 2(a) of the indian majority act. ..... the mother's application was opposed on the contention that the plaintiff-petitioner having attained majority under her personal law could act in the matter of divorce by herself without any next friend, and the appointment of the mother as next friend should therefore be refused and she should be permitted to act for herself without any next friend. .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(2)ALT(Cri)488; I(2000)DMC185; 1999(5)KarLJ183
..... means a person who, under the provisions of the indian majority act, 1875 (19 of 1875), is deemed not to have attained his majority. ..... neglects or refuses to maintain-(a) his wife, unable to maintain herself, or(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or(d) his father or mother, unable to maintain himself or herself,a magistrate of the first class may, upon proof of such neglect or ..... to sub-section (3) as well, the legislature has used the word, 'if any person so ordered' means where a person having sufficient means be a father or mother neglects to maintain his or her children, legitimate or illegitimate, minor or major, with exception to clause (c) and he has been ordered to maintain them without any sufficient cause, fails to comply with the order, the magistrate has been given power to issue warrant. ..... it clearly, by expressions not being a married daughter which is clearly indicative of the fact that the person who has sufficient means if he has got legitimate or illegitimate child, male or female, who has attained majority who has physical or mental abnormality and is unable to maintain himself or herself, liability is of the person concerned to maintain with exception to the case of a married daughter who has attained .....
Tag this Judgment!Court : Jharkhand
Reported in : 2005(1)BLJR248; [2005(105)FLR244]; [2005(1)JCR479(Jhr)]
..... employees of the universities/ constituent colleges, even if a person was appointed while he was a minor and thereby any provision of the indian majority act 1875 and child labour (prohibition regulation) act, 1986 was violated, for that the employee can not be punished by reducing the age of his/her superannuation nor a notional age of superannuation can be fixed, treating the employee major as on the date of his/her initial appointment. ..... even if it is presumed that some provision of either indian majority act, 1875 or child labour (prohibition & regulation) act, 1986 has been violated, penal actions are there to be taken against the erring persons or the initial ..... so far as the indian majority act, 1875, as referred by the learned single judge, is concerned, there in no prohibition, made therein, for appointment of a minor in the ..... colleges, observed that according to the indian majority act, a person attains majority on completion of the age of 18, years ..... such a decision was taken, no amendment appears to have been made in the bihar state universities act, 1976, prescribing a minimum age of 18 years for appointment of teaching/non-teaching employees in the ..... of teaching and non-teaching employees of the universities/constituent colleges, continued to remain almost same, though sub-clause (a) of section 67, was amended vide jharkhand state universities (amendment) act, 2000 (act 6 of 2003) with effect from 6th may, 2003, relevant portion of which reads as follows :'67. .....
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