NDLI: Aman Lohia Vs. Kiran Lohia

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Guardians and Wards Act 1890: s. 7
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13
Case Type	Transfer Petition
Court	Supreme Court of India
Disposal Nature	Case Disposed Off
Headnote	Guardians and Wards Act, 1890: s. 7 - Family Courts Act, 1984 - s. 7(g) – Power of the Court to make order as to guardianship in respect of a minor – Guardianship petition by the father-appellant seeking declaration as guardian – However, the mother-respondent neither filed the written statement nor filed reply to two applications u/Ord. VI r. 17 for amendment of pleadings, which are still pending – Instead the mother filed application u/s. 151 CPC for declaring and appointing her to be sole and absolute guardian and custodian of the minor child, as also application u/Ord. VII r. 11 for dismissal of guardianship petition, and one u/Ord. I r 10 and Ord. XXIII r. 1A r/w s. 151 CPC to transpose her as petitioner in the guardianship petition – Appellant not given notice on these applications and also in the matter of discharge of his advocate - Family Court declared the mother as the sole, exclusive and absolute guardian and custodian of the minor child; and proceeding on the assumption that the father had abandoned the proceedings, transposed the mother as the petitioner in the guardianship petition – Propriety of – Held: Family Court exceeded its jurisdiction by hastening the entire proceedings – It did not follow the fair procedure prescribed by the Act – There was non-compliance of the prescribed mandatory procedure and infraction of principles of natural justice – Court could not have entertained the transposition application filed by the respondent ex parte without ensuring that it was duly served on the appellant consequent to notice issued – Guardianship petition has to be decided on its own merits taking into account possibility of joint shared parenting arrangement and child-centric approach with paramount welfare and interest of the minor child – Thus, the ex parte orders passed on transposition application, as well as, on the application for declaration that the respondent is the sole guardian and custodian of the minor child, is set aside – Issuance of direction for revival of the guardianship petition and its remand to the family court for fresh adjudication. Family court – Adherence to practice and procedure prescribed by the Statute – Held: Family Court is obliged to inquire into the matter as per the procedure prescribed by law – It does not have plenary powers to do away with the mandatory procedural requirements in particular, which guarantee fairness and transparency in the process to be followed and for adjudication of claims of both sides – Nature of inquiry before the Family Court is adjudicatory – It is obliged to resolve the rival claims of the parties by adhering to the norms prescribed by the statue in that regard and also the foundational principle of fairness of procedure and natural justice – Natural justice. Family court – Working of – Explained. D Practice and procedure: Abandonment of proceedings – Inference of – Held: There can be no legal presumption about the factum of abandonment of proceedings – Abandonment has to be express or even if it is to be implied, the circumstances must be so strong and convincing that drawing such inference is inevitable.
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2021 INSC 190
Petitioner	Aman Lohia
Respondent	Kiran Lohia
SCR	[2021] 2 S.C.R. 1131
Judgement Date	2021-03-17
Case Number	25

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Aman Lohia Vs. Kiran Lohia

Please Log-in to view this content

Sheila B. Das Vs. P.r. Sugasree

Saira @ Ruhi Vs. Athar Abbas

Ruchi Majoo Vs. Sanjeev Majoo

Kihoto Hollohan Vs. Zachillhu and Others

Mitali Vs. Dababrata

Nil Ratan Kundu & Anr. Vs. Abhijit Kundu

R. Manjula Vs. V. Raja

Jasmeet Kaur Vs. State (nct of Delhi) & Anr.

Smt Seema Bansal Vs. Dr. Mayank Bansal

Aman Lohia Vs. Kiran Lohia

Aman Lohia Vs. Kiran Lohia

Please Log-in to view this content

Similar Documents

Sheila B. Das Vs. P.r. Sugasree

Saira @ Ruhi Vs. Athar Abbas

Ruchi Majoo Vs. Sanjeev Majoo

Kihoto Hollohan Vs. Zachillhu and Others

Mitali Vs. Dababrata

Nil Ratan Kundu & Anr. Vs. Abhijit Kundu

R. Manjula Vs. V. Raja

Jasmeet Kaur Vs. State (nct of Delhi) & Anr.

Smt Seema Bansal Vs. Dr. Mayank Bansal

Aman Lohia Vs. Kiran Lohia