The Bombay High Court held that both the Courts below had rightly held that the plaintiff cannot be held adopted son of Kundanbai and he has been rightly denied his succession to the properties of Kundanbai.
The Supreme Court rejected the Special Leave petition filed by the husband and observed that For the last two decades, Section 125 of the Code of Criminal Procedure, including the explanation referred to in subsection (1) thereof, has been consisten
The Court discussed Sections 4, 6, 9 and 11 of HAMA and then carefully gave the judgment. It held that the scheme of HAMA is not to make a child of 15 years of age or above fir to be taken in adoption. The exception however is made in favour of custo
Since the factors in favour of Respondent are weightier than those in favour of the Appellant which have been noted above. The custody was given to the Respondent/ Mother. Since the mother was a school teacher, the Court ordered to get the child admi
The Court agreed with the findings given by the First Appellate Court. The First Appellate Court came tothe conclusion that the case property was sold.
The appeals were dismissed subject to the partial modification of the order passed by the District Judge and High Court.
The Court held that “the minor on attaining majority did not ratify the sale deed executed by his defacto guardian with the defendant and entered into a sale deed with the appellant.
The Court upheld the decision of the District Judge and revision was dismissed stating “That case is distinguishable inasmuch as the parties were Mohammadans and Section 13 of the Hindu Minority and Guardianship Act, 1956 did not apply there.By virtu
The High Court allowed the appeal stating “Further, as regards the contention of learned counsel for respondent No. 2, that mother of petitioner had failed to provide any documentary proof to the effect that she is the only guardian of the child, the
The Supreme Court held that the continuous cohabitation of man and woman as husband and wife may raise the presumption of marriage, but the presumption which may be drawn from long cohabitation is a rebuttable one and if there are circumstances which