Q: Write about the section 12 of Guardian and Wards Act, 1890 ?

Ans: A person seeking custody can file an independent and exclusive petition seeking custody and/or visitation under the GWA read with the HMGA Such petition for custody, can be filed before a Family Court, and District Court (if a Family Court is not established in some District) in a manner similar to a petition for divorce or maintenance. Interim measures can also be sought by filing interim application under section 12 of the GWA, which again, is to be filed in manner similar to an application filed for interim maintenance in proceedings for divorce or maintenance.

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Q: Delineate the citation of Mausami Moitra Ganguly v. Jayant Ganguly ?

Ans:  Case study - Petition for child-custody under the Guardians & Wards Act, 1890 read with the Hindu Minority and Guardianship Act, 1956 In Mausami Moitra Ganguly v. Jayant Ganguly, after Mausami Ganguly's petition seeking divorce was allowed ex parte in September 2002, she filed a petition under sections 10 and 25 of the Guardians and Wards Act, 1890 read with the provisions of the Hindu Minority and Guardianship Act, 1956 before the Family Court, Allahabad in April 2003 seeking a direction against her husband, Jayant Ganguly, to hand over the custody of the child to her and for a declaration in her favour that she be declared as the lawful guardian of her minor son, Satyajeet. Her petition was contested by her husband (the minor's father), Jayant Ganguly. He alleged that having left the minor when he was less than three years of age, Mausami had no emotional bond with the child, and after leaving Allahabad, she had neither talked to the minor nor had enquired about his...
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