The petition is filed under Article 226 of the Constitution of India, seeking to be appointed as the guardian of Harjivan Manjibhai Hadiya and his movable and immovable property—The petitioner, the wife of Harjivan Manjibhai Hadiya, is seeking a declaration from the court to be appointed as the guardian of her husband—The petitioner, a practicing doctor, has suffered a Cerebro Vascular Stroke and is currently in a vegetative state—The petitioner has placed a certificate on record, stating that her husband is bedridden and recovering from the stroke—The petitioner believes she has a responsibility to maintain her husband and children but cannot discharge this without financial resources—The petitioner believes her husband was the sole bread earner of the family, and she cannot meet day-to-day expenses for trea...

Appointment of guardian—Guardian and Wards Act, 1890—Section 7 read with Section 10—Application preferred by appellant—For being appointed as guardian of minor—Application rejected—Appellant challenged the order passed by Additional District Court—Determination of—Appeal preferred by present appellant and having considered the affidavit filed by Mamlatdar as per direction of High Court—In the considered opinion of High Court, present appeal could be decided without delving into legal issue, which appears to have been attempted to be discussed by District Court—Impugned order passed by Additional District Court is quashed and set aside—Trial Court is directed to issue certificate of guardianship for appointing the appellant as guardian ‘A’, ‘F’ and &l...

(A) Appointment of guardian—Guardian and Wards Act, 1890—Section 10—Hindu Adoption and Maintenance Act, 1956—Sections 6, 9 (3) and 12—Appointment of guardian—Respondent filed petition for—At the time of filing petition child was aged about 2 years old—Trial Court dismissed the petition—And was of the opinion that it would not be appropriate to separate the child from love and affection of his mother—Granted visitation right—Order of trial Court challenged before High Court—High Court disposing the petition vide common judgment—Issued direction—Appeal—Determination of—Direction of High Court to include name of appellant's husband as step-father in documents is almost cruel and mindless—A name is important as a child derives his identit...

(A) Appointment of guardian—Guardian and Wards Act, 1890—Sections 10, 12 and 7 (a)—Family Courts Act, 1984—Section 7 (g) —Mother filed petition under—Seeking to appoint herself as a guardian of 4M the minor—During pendency of petition—Mother seeking interim measure for custody of minor—Filed application—Husband filed objection—Trial Judge ohn appreciation of material on record held that child is of tender age—Which requires love, affection and care of mother—Custody of minor child given to mother—Father preferred present petition—Point for consideration in the petition is—Whether divorced wife is entitled for custody of minor child under Mohammedan Law—Kerala High Court had occasion to consider the rights of a divorced wife to seek custod...

Hindu Minority and Guardianship Act, 1956, Sec.17 - Appointment of the guardian under - Matters to be considered by the Court in - the female child living with her grandparents since the date of the death of her mother - Father kept mum for four years in seeking the custody of the minor child, after the death of his first wife - Thus, one thing being clear that the father had never bothered or claimed custody of the minor child at the earliest point of time - After filing maintenance petition and after receiving notice, the respondent-father came forward with a petition claiming the custody of the minor child - The attitude of the respondent-father nothing but an effort to defeat the maintenance petition filed by the appellant-grandfather of the minor child - Apart from that, the minor child giving clear evidence before the lower Court ...