Hindu Minority and Guardianship Act
A.R.P.S.
(Querist) 16 November 2009
This query is : Resolved
Dear Sir,
Kindly clarify on these issues:
A wife having two minor daughters had undergone family planning operation.
Thereafter she got divorce with her husband and re-married another man. But now she had no chance for giving birth of child since already she had underwent family planning operation.
So now she decided to maintain her two minor daughters for which she further decided to file a petition for appointment herself as a guardian to take care of her two minor daughters.
Whether under these circumstances the said divorced wife is entitled for such a relief?
If possible, kindly provide me citations in this regard.
Thanks and regards……………
adv. rajeev ( rajoo )
(Expert) 17 November 2009
She can seek for the custody of minor girls. IN the recent ruling it is held that mother is the only person who can take the care of the children properly.
Raj Kumar Makkad
(Expert) 17 November 2009
Gaurav nagpal versus Sumedha nagpal
2008 (4) RCR (Civil) 929 (SC)
A.R.P.S.
(Querist) 17 November 2009
Dear Experts,
Thanks for your valuable and timely responses that too with concrete citations.
A.R.P.S.
(Querist) 17 November 2009
Dear Mr.Raj Kumar Makkad,
Thanks for your nice citations Gaurav nagpal versus Sumedha nagpal [2008 (4) RCR (Civil) 929 (SC)].
This Citation can also be viewed at: http://indiankanoon.org/doc/929793/
This citation explained in detail about the paramount facts to be borne in mind while deciding the welfare of the "child" instead of paying attention of the parents "war of words".
Sir, at the same time I have a doubt that my case is the wife has got divorced and re-married with another man. So under these circumstances the wife would be deemed to be a "third-party" to her Original husband's family. So whether she is entitled for asking guardianship to her minor daughters living with her erstwhile husband.
Kindly expecting your suggestions in this regard.
