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Sec 6: Natural Guardians of A Hindu Minor

Under Hindu law, the natural guardians of a Hindu minor are the father, mother, and husband. The father is the primary guardian of a boy or unmarried girl. If the father is absent, the mother assumes guardianship. For an illegitimate child, the mother is primary guardian followed by the father. For a married girl, the husband is the guardian. The mother can act as guardian in the father's absence, such as if he is indifferent, they have an understanding, or he has an incapacity. The court found allowing the mother to act as guardian in the father's absence does not violate constitutional rights and aligns with international standards on women's rights.

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104 views8 pages

Sec 6: Natural Guardians of A Hindu Minor

Under Hindu law, the natural guardians of a Hindu minor are the father, mother, and husband. The father is the primary guardian of a boy or unmarried girl. If the father is absent, the mother assumes guardianship. For an illegitimate child, the mother is primary guardian followed by the father. For a married girl, the husband is the guardian. The mother can act as guardian in the father's absence, such as if he is indifferent, they have an understanding, or he has an incapacity. The court found allowing the mother to act as guardian in the father's absence does not violate constitutional rights and aligns with international standards on women's rights.

Uploaded by

Prashant Sharma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Sec 6: Natural guardians of a Hindu Minor

In Hindu Law only three persons are recognized as


natural guardians: Father, Mother and Husband.
(a) In the case of a boy or an unmarried girl- the
father and after him, the mother provided that the
custody of a minor who has not completed the age
of five years shall ordinarily be with the mother.
(b) In the case of an illegitimate boy or an
illegitimate unmarried girl- the mother and after
her, the father
(c) In the case of a married girl- the husband.
So under the Guardians and Wards Act, 1890
where the consent of the guardian is not obtained
for the marriage of a minor girl, the husband is
not entitled to the custody of the minor girl till
she attains majority. (Sec 12(3)).
Provided that no person shall be entitled to act as
the natural guardian of a minor under the
provisions of this section-
(a) If he has ceased to be a Hindu or
(b) if he has completely and finally renounced the
world by becoming a hermit or an ascetic
Explanation: In this Section, the expression
“father” and “mother” do not include a step father
and a step mother.
Githa Hariharan v. Reserve Bank of India
(1999) 2 SCC 228, In this case the constitutional
validity of Sec 6(a) of the HMGA was challenged as
being violative of Article 14 and 15 of the Constitution.
In this case the parents of a minor applied to the RBI
for relief bonds in the name of their minor son. They
stated in their application that the mother would act
as the guardian of the child for purpose of investments
made with the money.
Thus in the prescribed form, the mother signed
as the guardian. The bank refused to entertain
the application and asked the parents to
produce the application for signed by the father
or a certificate of guardianship from a
competent authority.
The court observed: The wording of Sec 6(a) of
the HMGA, the father and after him the mother
do give an impression that the mother can act as
a guardian only after the life-time of the father.
However the word “after” in Sec 6(a) need not
necessarily mean after the life time but in the
absence.
For ex: If the father is not in the charge of actual
affairs of the minor, either because of her
indifference or by virtue of mutual understanding
between the parents, or because of some physical or
mental incapacity, or because he is staying away from
the place where the mother and minor are living
then in all situations, the father can be considered as
“absent” under the impugned provision and the
mother who in any case is recognized natural
Guardian can act validly on behalf of the minor
as guardian. The court also observed: The
interpretations that we have placed on Sec 6(a)
gives effect to the principles contained in
International instruments like the Convention on
the Elimination of All forms of Discrimination
Against Women, 1979 etc.

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