The legal principle established is that once a child attains majority, the custody proceedings under the Hindu Minority & Guardianship Act, 1956 become infructuous.

Headnote:
Custody - Hindu Minority & Guardianship Act, 1956 - The court dismissed the appeal as the child in question had attained majority, rendering the proceedings infructuous.
Fact of the Case:

The appeal was filed against an order pertaining to the custody of a child under the Hindu Minority & Guardianship Act, 1956. The appellant argued that the child had attained majority, making the proceedings infructuous.
Finding of the Court:

The court found that the child in question had indeed attained majority, rendering the appeal infructuous.
Issues: The main issue was whether the child had attained majority, thereby making the proceedings infructuous.
Ratio Decidendi: The court's decision was based on the fact that the child had reached the age of majority, and therefore, the proceedings were no longer relevant.
Final Decision: The appeal was dismissed as the child had become major, and the stay application was also disposed of.

JUDGMENT :

Arun Bhansali, J.

This appeal is directed against the order dated 26.09.2007 passed by the Additional Sessions Judge, Sri Karanpur, whereby the application filed by the respondent under Section 6 of the Hindu Minority & Guardianship Act, 1956 pertaining to the custody of Ms. Sandeep Kaur @ Sony was accepted.

2. When this appeal came up for admission before this Court by order dated 02.11.2007, the operation of the order dated 26.09.2007 was stayed.

3. Learned counsel for the appellants submits that the date of birth of Ms. Sandeep Kaur @ Sony for whose custody the present proceedings were initiated by the respondent is 16.08.1997 and now she has completed 20 years age and, therefore, the proceedings initiated by respondent as well as the present appeal which was been filed by the appellants, has been rendered infructuous, as now Ms. Sandeep Kaur @ Sony has become major and is free to stay with either of the parties as per her own wish.

4. Counsel for the respondent does not dispute the fact that Ms. Sandeep Kaur @ Sony has since attained majority.

5. In view of the above state of affairs, the appeal is dismissed as having become infructuous.

6. The stay application also stands disposed of.

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Judicial Analysis

2017 Supreme(Raj) 1906

IN THE HIGH COURT OF RAJASTHANArun Bhansali, J.Buta Singh S/o Jangir Singh - AppellantVs.Dilraj Singh @ Dula Singh S/o Basan Singh - RespondentCivil Miscellaneous Appeal No. 2421 of 2007Decided On : 22-08-2017

The legal principle established is that once a child attains majority, the custody proceedings under the Hindu Minority & Guardianship Act, 1956 become infructuous.

Judicial Analysis

IN THE HIGH COURT OF RAJASTHAN
Arun Bhansali, J.
Buta Singh S/o Jangir Singh - Appellant
Vs.
Dilraj Singh @ Dula Singh S/o Basan Singh - Respondent
Civil Miscellaneous Appeal No. 2421 of 2007
Decided On : 22-08-2017