Court : Supreme Court of India
Reported in : AIR1973SC2090; (1973)1SCC840; [1973]3SCR918
..... section 4, which is the definition section, a 'minor' is a person who, under the provisions of the indian majority act, 1875 is to be deemed not to have attained his majority. ..... it was strenuously pressed by shri balasubaramania iyer the counsel for the appellant wife that the husband's application under section 25, guardians and wards act was not competent because none of the children had been illegally removed from the lawful custody of their father, the custody of the two children having been lawfully entrusted to the wife in ..... it is not disputed that, as already noticed, the court dealing with the proceedings for judicial separation under the indian divorce act, (4 of 1869) had made certain orders with respect to the custody, maintenance and education of the three children of ..... judgment of the letters patent bench in this respect, restore that of the learned single judge who, in our view, had correctly exercised his discretion under section 25 of the guardians and wards act, the directions given by him with respect to access of the parties to their children are also restored.22. ..... these circumstances he cannot approach the court under the divorce act for relief with respect to the custody of these children and now that those children have ceased to be minors under that act, the orders made by that court have also lost their vitality on this reasoning the husband claimed the right to invoke section 25 of the guardians and wards act: in case this section is not applicable, then the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC1243; 1981(1)SCALE370; (1981)2SCC509; [1981]2SCR910
..... -(a) 'minor' means a person who, under the provisions of the indian majority act, 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 ..... of the maintenance on payment of dower if a woman has been divorced, the said clause does not contemplate cancellation of maintenance where a woman obtains divorce from her husband through a civil court under the provisions of the act of 1939 in this connection clause (c) of sub-section (3) of section 127, which is extracted below clearly provides that where a woman obtains a divorce from her husband the amount of maintenance cannot be cancelled until she voluntarily ..... we might further add that our conclusion that the second limb of clause (b) of the explanation to section 125 applies also to a situation, where a dissolution of marriage resulting in a decree for divorce brought about by the act and at the instance of the wife, is fortified and reinforced by the language of clause (c) of sub-section (3) of section 127 under which maintenance cannot be cancelled on the application of the husband unless the wife voluntarily surrenders ..... there may be some substance in the view taken by the high court yet what it overlooked was whereas a dissolution of marriage under the hindu marriage act may not necessarily end in a divorce but other consequences such as declaration that the marriage was a nullity, a decree for judicial separation, etc. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1948; 1986LabIC1928; 1986MhLJ816(SC); 1986(2)SCALE362; (1986)4SCC59; [1986]3SCR665; 1987(1)SLJ207(SC); 1986(2)LC713(SC); 1986(2)WLN250
..... it is argued that the learned judges were in error in introducing the legal concept of the age of majority as laid down in section 4 of the indian majority act, 1875 for the purpose of interpreting rule 11-b. ..... the legislature has expressly provided in section 4 of the indian majority act, 1875 that how the age of majority is to be computed. ..... in coming to that conclusion the learned judges relied upon the language of rule 11-b of the rules which prescribes the age limit for the said examination and also referred to section 4 of the indian majority act, 1875. ..... computed-in computing the age of any person, the day on which he was born is to be included as a whole day, and he shall be deemed to have attained majority, if he falls within the first paragraph of section 3, at the beginning of the twenty-first anniversary of that day, and if he falls within the second paragraph of section 3, at the beginning of the 18th anniversary of that day.the section ..... 550 it appears that section 9 of the family law reforms act, 1969 has abrogated the old common law rule stated in re. ..... section 10(1) of the criminal justice administration act, 1914 provides that a person might be sent to borstal if it appears to the court that he is not more than 21 years of age. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC644; 1988(36)BLJR295; (1988)90BOMLR96; 1988CriLJ793; 1988(1)Crimes594(SC); JT1988(1)SC193; 1988MhLJ335(SC); 1988(1)SCALE184; (1988)1SCC530; [1988]2SCR809
..... - 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.according to the respondent the term ' ..... 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 ..... 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.explanation. ..... wife' used in the section means only a legally wedded wife, and as the marriage of the appellant must be held to be null and void by reason of the provisions of the hindu marriage act, 1955, she .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)109; 1996(2)ALD(Cri)4; 1996(1)ALT(Cri)729; 1996(2)BLJR1015; (1996)98BOMLR13; 1996(2)Crimes119(SC); II(1997)DMC164SC; (1996)3GLR746; JT1996(6)SC244; 1996(2)KLT41
..... 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.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, ..... 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 attainted 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: ..... herein, under section 125 of the code, specially when her husband dahyalal hirachand and 5 major natural born sons aged between 44 to 29 years are earning well and capable of maintaining ..... such an interpretation would be in accord with the explanation attached to section 20 of the hindu adoptions and maintenance act, 1956 because to exclude altogether the personal law applicable to the parties from consideration in matters of maintenance under section 125 of the code may .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3280; 1997(2)ALD(Cri)355; 1997(2)BLJR1633; 1997CriLJ3972; 1997(3)Crimes106(SC); II(1997)DMC356SC; (1998)1GLR187; JT1997(7)SC104; 1997(2)KLT363(SC); RLW1997(3)SC358
..... there is nothing in that act in any way affecting the application of these provisions to the children and parents governed by muslim law....as regards children, the code adopts the age of minority from the majority act, 1875 by saying : '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-' - [explanation to section 125(1), clause ..... ) the obligation of a muslim father, having sufficient means, to maintain his minor children, unable to maintain themselves, till they attain majority and in case of females till they get married, is absolute, notwithstanding the fact that the minor children are living with the divorced ..... for the period till they attain majority or are able to maintain themselves, whichever date is earlier, or in the case of female children till they get married or is their right restricted to the grant of maintenance only for a period of two years prescribed under section 3(1)(b) of the muslim women (protection of rights on divorce) act, 1986 notwithstanding section 125, cr. ..... the period till they attain 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 divorcee 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 : AIR1999SC1149; 1999(2)ALLMR(SC)416; 1999(2)ALT1(SC); 1999(1)BLJR777; [1999]95CompCas913(SC); 1999(1)CTC481; I(1999)DMC337SC; [1999]236ITR380(SC); JT1999(1)SC524; (1999)IIML
..... by the smritis, shrutis and the commentaries as recognised by the courts of law but also statutes applicable amongst others to hindus, to wit, guardian and wards act of 1890 and indian majority act of 1875. ..... with the mother;(b) in the 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 ..... the mother;(b) in the 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 becoming a hermit (vanaprastha) or an ascetic ..... that lead to the filing of this writ petition by the two petitioners with prayers to strike down section 6(a) of the hindu minority and guardianship act, 1956, (hereinafter referred to as hmg act) and section 19(b) of the guardian and wards act, 1890 (hereinafter referred to as gw act) as violative of articles 14 & 15 of the constitution and to quash and set aside the decision of the first respondent refusing to accept the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC2374; 1999(2)ALT(Cri)265; 1999CriLJ3668; 1999(3)Crimes189(SC); 1999(2)CTC646; JT1999(5)SC29; 1999(3)KLT872(SC); RLW1999(2)SC313; 1999(4)SCALE191; (1999)6SCC326; [1
..... - 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,(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.explanation. ..... under section 18 of this act a hindu wife, whether married before or after the commencement of this act, shall be entitled to be maintained by her husband during her life time. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC1809; 2005(1)ALD(Cri)691; 2005(1)BLJR827; 2005CriLJ2141; 2005(2)CTC141; I(2005)DMC503SC; (2005)2GLR1378; JT2005(3)SC164; 2005(2)KLT65(SC); (2005)140PLR276; RLW2005; 2005AIRSCW1601
..... 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.explanation: - for the purposes of this chapter-(a) 'minor' means a person who, under the provisions of the indian majority act, 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 ..... 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 ..... by the code of criminal procedure (amendment) act, 2001 (central act 50 of 2001) the words 'not exceeding five hundred rupees in the whole' have been ..... shall be kept in a fixed deposit with monthly interest payment facility till respondent no.3 attains majority.25. ..... the quantum we have taken note of the likely return as interest in case it is invested in fixed deposit in a nationalised bank, and the likely increase in the quantum of maintenance till respondent no.3 attains majority. .....
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. .....
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