Digest Hindu Marriage Act, 1955

*(Case Law covered from 1987 to 2019(1)*

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*Hindu Marriage Act, 1955, Ss.5, 13(1)(ia)* - Divorce - Husband contended that without seeking cancellation of marriage certificate, divorce petition is not maintainable - Contention rejected as registration of marriage is for the purpose of facilitating the proof of marriage and not the condition for seeking divorce.
2016(Suppl.) Civil Court Cases 860 (Karnataka) (DB)

*Hindu Marriage Act, 1955, S.6* - Custody of child - Mother is to be preferred than father - Such generalisation cannot be made.
2004(2) Civil Court Cases 264 (S.C.)

*Hindu Marriage Act, 1955, S.6* - Custody of female child - Parents divorced - Mother remarried - Child on advent of puberty - Held, remarriage of mother is not a disqualification - Female child requires company of mother more - Mother after remarriage leading life as house wife - No female member in house of father - Apprehension that second husband may poison the mind of child and create ill will towards natural father, baseless - Custody given to mother with visitation rights to father.
2004(2) Civil Court Cases 264 (S.C.)

*Hindu Marriage Act, 1955, S.6* - Custody of minor child - Wife living in adultery - Minor expressing willingness to go with father - Custody given to husband.
1995(2) Civil Court Cases 327 (P&H)

*Hindu Marriage Act, 1955, S.6* - Father though alive not residing with the family - Does not cease to be the natural guardian - Any other person cannot assume the role of their guardian and alienate their property on the pretext that the alienation is beneficial to them or that as a result of the alienation another property has been purchased for the benefit of the minors.
1991 Civil Court Cases 699 (Kerala)

*Hindu Marriage Act, 1955, S.6* - Guardian - De facto and de jure - Meaning -De jure is a legal guardian and therefore a natural guardian - De facto guardian is not a legal guardian but a person interested in minor and in management of minor's property - Mother is natural guardian or legal guardian in absence of father and not otherwise - To be a defacto guardian, there must be a continuous course of conduct as guardian of a minor in regard to his property - An isolated act of a person with regard to minor's property or his stay with minor for a time does not make him a de facto guardian.
1995(2) Civil Court Cases 487 (A.P.)

*Hindu Marriage Act, 1955, S.6* - Guardian - Father is the natural guardian of his minor children and their separate properties - When father is alive, mother cannot act as the guardian.
1995(2) Civil Court Cases 487 (A.P.)

*Hindu Marriage Act, 1955, S.6* - Minor - Custody - Death of father - Minor child of seven years in custody of grandfather - Mother seeking custody - Mother is natural guardian - Custody given to mother - No matter child was emotionally attached to grandfather and that mother had not sufficient means - None other can see the welfare of child better than mother - Grandfather could render financial help if he was so worried about welfare of child.
2001(3) Civil Court Cases 545 (Raj.)

*Hindu Marriage Act, 1955, S.6* - Natural guardian - Mother can be considered as natural guardian if father, though alive, does not care for his minor sons and look after their interests.
1997 (2) Civil Court Cases 700 (A.P.)

*Hindu Marriage Act, 1955, S.6, Constitution of India, Article 226* - Child of seven years - Rival claims of husband and wife for custody - Custody given to wife - Husband unable to see the child - Habeas Corpus petition by husband - Husband has no remedy under Article 226 of Constitution of India - He can have separate remedy by filing a petition either under Guardians and Wards Act or any other provision.
1998(1) Civil Court Cases 268 (P&H)

*Hindu Marriage Act, 1955, S.6, Guardians and Wards Act, 1890, S.19(b)* - Minor - Even mother can act as natural guardian of minor when father is alive.
2001(2) Civil Court Cases 118 (M.P.)

*Hindu Marriage Act, 1955, S.6, Guardians and Wards Act, 1890, Ss.7,10,25(1)* - Custody of minor child - Petition is to be filed under Section 25 of Guardians and Wards Act, 1890 - For custody of minor child S.6 of Hindu Minority & Guardianship Act, 1956 is not applicable - petition filed as one under section 6 of Hindu Minority and Guardianship Act treated as one filed u/s 25 Guardians and Wards Act.
1995(1) Civil Court Cases 586 (Bombay)

*Hindu Marriage Act, 1955, Ss.6, 13 and 2, Guardians and Wards Act, 1890, S.17, Constitution of India, Article 226* - Child of seven years - Rival claims of husband and wife for custody - Writ of habeas Corpus by husband for custody of child - Held, appropriate remedy would be a petition under Guardians and Wards Act - Writ jurisdiction can be invoked when there are compelling circumstances and it is necessary in view of the well settled principle of paramount consideration of the welfare of the child.
1998(1) Civil Court Cases 268 (P&H)

*Hindu Marriage Act, 1955, Ss.6, 13 and 2, Guardians and Wards Act, 1890, S.17* - Child of seven years - Both husband and wife, doctors, claiming custody - Custody given to mother - Contention of husband that he can give somewhat better education to child - It is no ground to give custody to husband - Child capable to express his desire - His choice cannot be discarded unless there is material to show that welfare of child could be achieved by putting him in custody contrary to his wishes - Child is not to be treated as property.
1998(1) Civil Court Cases 268 (P&H)

*Hindu Marriage Act, 1955, Ss.6, 13 and 2, Guardians and Wards Act, 1890, S.17* - Provisions of Hindu Minority and Guardianship Act are in addition and not in derogation of Guardians and Wards Act, 1890.
1998(1) Civil Court Cases 268 (P&H)

*Hindu Marriage Act, 1955, Ss.6, 13(2), Guardian and Wards Act, 1890, S.25* - Minor child - Custody - Welfare of minor - Paramount consideration - Child living with mother and expressing his preference - Mother giving education - Child grown up beyond 13 years - Not possible to hand over child against his wishes to father - Order of lower Court reversed - Held, father is entitled to visit child twice a month with permission of District Judge.
1998(1) Civil Court Cases 459 (All.)

*Hindu Marriage Act, 1955, S.6-A* - Custody of son - Mother's application - it is not in the interest of the child to order his custody to be delivered to mother when child continued to be in custody of father during the proceedings pending between is parents and the child has attained the age of 16.
1993 (Suppl.) Civil Court Cases 233 (Allahabad)

*Hindu Marriage Act, 1955, S.6(a) and 13* - Father seeking custody of minor children who are with their material grandfather - Wrong provision of law, if any, mentioned in the petition not a ground to reject the petition when the Court has jurisdiction to entertain a petition for grant of relief of custody of minors on making out strong circumstances.
1998(2) Civil Court Cases 570 (A.P.)

*Hindu Marriage Act, 1955, S.6(1), 13 and Guardians and Wards Act, 1890, S.17(3)* - Father seeking custody of minor children who are with their maternal grandfather and delivery of property belonging to one of the minors - Welfare of minors is of paramount consideration - Interviewing minors to personally know their minds as to their custody may not be resorted to each and every case - Children aged 5 and 3 years on the date of filing of petition - Children in custody of their material grandfather on the death of their mother due to burn injuries and when their father was arrested in a criminal case filed against him and his mother in that connection - After acquittal, father filed petition for custody of minor children - Children having completed age of five years, father is the natural guardian to have their custody - Father though married a second wife, he underwent Vasectomy operation when his first wife was alive - Father gainfully employed in Railways - Held, father would be in a better position to provide good education to minors - Father entitled to custody of the minor children.
1998(2) Civil Court Cases 570 (A.P.)