Consider the following statements under the Hindu Minority and Guardianship Act, 1956: Statement – I :…
Both statements are incorrect. Section 13 of the Hindu Minority and Guardianship Act makes the minor’s welfare the paramount consideration when a court appoints or declares…
Choose your answer
Consider the following statements under the Hindu Minority and Guardianship Act, 1956:
Statement – I : In the appointment or declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor may not be the paramount consideration in all circumstances.
Statement – II : A person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law relating to guardianship in marriage among Hindus, even, if the court is of opinion that his or her guardianship will not be for the welfare of the minor.
In the light of the above statements, choose the most appropriate answer from the codes given below :
Answer and explanation
Correct answer B
Both statements are incorrect. Section 13 of the Hindu Minority and Guardianship Act makes the minor’s welfare the paramount consideration when a court appoints or declares a guardian. A claimed entitlement under personal law cannot prevail when the court considers the guardianship contrary to the minor’s welfare.
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