Under section 13 of the Hindu Minority and Guardianship Act, 1956, what is the paramount consideration…
Section 13(1) makes the minor’s welfare paramount when the court appoints or declares a guardian. Section 13(2) denies entitlement to guardianship when the court concludes…
Choose your answer
Under section 13 of the Hindu Minority and Guardianship Act, 1956, what is the paramount consideration when a court appoints or declares a guardian of a Hindu minor?
Answer and explanation
Correct answer C
Section 13(1) makes the minor’s welfare paramount when the court appoints or declares a guardian. Section 13(2) denies entitlement to guardianship when the court concludes that the person’s guardianship would fail to serve the minor’s welfare.
Option feedback
Option A
The minor’s property may bear on the decision. Welfare is the paramount consideration.
Option B
The guardian’s property does not displace the welfare test.
Option C
Section 13(1) expressly gives paramount importance to the minor’s welfare.
Option D
Education may bear on welfare. The statutory test takes the minor’s welfare as a whole.
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