The Supreme Court held in which of the following cases that, under certain circumstances, even when the…
Under section 6(a) of the Hindu Minority and Guardianship Act, 1956 the father is the natural guardian of a minor and, after him, the mother. In Githa Hariharan v Reserve…
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The Supreme Court held in which of the following cases that, under certain circumstances, even when the father is alive, the mother can act as a natural guardian?
Answer and explanation
Correct answer D
Under section 6(a) of the Hindu Minority and Guardianship Act, 1956 the father is the natural guardian of a minor and, after him, the mother. In Githa Hariharan v Reserve Bank of India (1999), decided together with Vandana Shiva v Jayanta Bandhopadhyaya, the Supreme Court read "after" as "in the absence of", so the mother can act as natural guardian while the father is alive but absent or indifferent; Jijabai Vithalrao Gajre v Pathankhan (1970) had earlier recognised the mother as guardian where the living father took no interest in the minor. So the answer is "Both Vandana Shiva v. Jayanta Bandhopadhyaya and Jijabai Vithalrao Gajre v. Pathankhan".
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