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Referring to Section 6 of the Hindu Minority and Guardianship Act, the Supreme Court observed that the…

In the "Githa Hariharan case" (1999), the Supreme Court interpreted Section 6 of the Hindu Minority and Guardianship Act, 1956 and held that the words 'after him' do not…

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Referring to Section 6 of the Hindu Minority and Guardianship Act, the Supreme Court observed that the words "after him" do not mean 'after the lifetime of the father'. Indeed, it means 'in the absence of'. If the father is non-functional as a guardian for various reasons like indifference, physical or mental incapacity, away from the place where the child lives with the mother, by mutual understanding, it may be treated as the 'absence' of the father. In which case?

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In the "Githa Hariharan case" (1999), the Supreme Court interpreted Section 6 of the Hindu Minority and Guardianship Act, 1956 and held that the words 'after him' do not mean after the lifetime of the father but 'in the absence of' the father, so that the mother can act as natural guardian when the father is absent or non-functional as a guardian.

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