Tag: natural guardian

Supreme Court Shields Minors’ Property Rights Against Unauthorized Guardian Sales
Supreme Court

Supreme Court Shields Minors’ Property Rights Against Unauthorized Guardian Sales

The Supreme Court ruled that a sale of a minor's property by a natural guardian without court permission is voidable. The minor, upon attaining majority, can repudiate this transaction not only by filing a suit but also through unequivocal conduct, such as executing a fresh sale deed, within the prescribed period of limitation. Facts Of The Case: The case revolves around Plot No. 57, originally owned by three minor sons of Rudrappa. In 1971, their father and natural guardian, Rudrappa, sold this plot to Krishnoji Rao through a registered sale deed without obtaining prior permission from the court. Later, in 1993, Krishnoji Rao sold the same plot to Smt. K. Neelamma. Meanwhile, after the minors attained majority, they, along with their mother, sold the very same Plot No. 57 to K.S. Shivap...
Deception in Court Backfires: Supreme Court Awards Custody to Father in Habeas Corpus Case
Supreme Court

Deception in Court Backfires: Supreme Court Awards Custody to Father in Habeas Corpus Case

This Supreme Court judgment underscores that the child's welfare is the paramount consideration in custody disputes, overriding parental legal rights. It affirms the use of habeas corpus for child custody, directing interim custody to the natural guardian while prioritizing a stable environment and ordering the initiation of proceedings under the Guardians and Wards Act, 1890. Facts Of The Case: The case involves a matrimonial dispute between Sandeep Kumar (father) and Latika Arora (mother) concerning their two children. In May 2021, the mother travelled to the UK with their daughter, 'Miss N', but left their son, 'Master K', in India with her parents without the father's knowledge or consent. The father, unaware of his son's whereabouts, initiated proceedings in the UK High ...