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A Hindu boy's father is alive but wholly indifferent to the child's affairs. Applying section 6(a) of…

Section 6(a) names the father and, after him, the mother for a boy or unmarried girl. Githa Hariharan interpreted ‘after’ to mean in the father's absence. A father's total…

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A Hindu boy's father is alive but wholly indifferent to the child's affairs. Applying section 6(a) of the Hindu Minority and Guardianship Act, 1956, as interpreted in Githa Hariharan v. Reserve Bank of India, who may act as the boy's natural guardian in the father's absence from his affairs?

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Answer and explanation

Correct answer A

Section 6(a) names the father and, after him, the mother for a boy or unmarried girl.

Githa Hariharan interpreted ‘after’ to mean in the father's absence. A father's total apathy can amount to such absence during his lifetime.

Option feedback

Option A

The Court read the father's absence as including total apathy towards the child, so the mother can act.

Option B

Section 6(a) does not give the paternal grandfather priority on this ground.

Option C

Section 6(a) does not confer natural guardianship on an older sibling by seniority.

Option D

The Supreme Court held that the mother may act during the father's lifetime if he is absent from the child's affairs.

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