Q: How does the Hindu Marriage Act, 1955 prevail over Gardians and Wards Act, 1890 ?

Ans: If a proceeding under the Hindu Marriage Act, 1955 is pending in a court, an application seeking relief concerning custody of a minor can only be sought by invoking section 26 of the Act; and an independent application for custody under the Guardians and Wards Act, 1890 is not maintainable because Hindu Marriage Act,  1955 would prevail over Gardian and wards act , 1890.

Be it a petition exclusively seeking custody or visitation or an ancillary application seeking custody or visitation filed in pending proceedings under the Hindu Marriage Act, 1955, it should advisably contain specific averments mentioning details regarding marriage, age, and gender of the child, germane factors about a child's health-condition, narration of the fact as to who presently possesses the custody of the child, and more particularly, the facts necessary to determine the interests and welfare of the child. The stages of this litigation are more or less the same as are for contested divorce-petition except for the fact that an additional stage may surface where the Court may seek to know preference of the child, whose custody is being fought for, if deemed fit in accordance with law .
Ancillary : providing necessary support to the primary activities or operation of an organization, system, etc.
Ancillary: Assisting 
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