Under section 6(a) of the Hindu Minority and Guardianship Act, 1956, as interpreted in Githa Hariharan,…
In Githa Hariharan, the Supreme Court held that ‘after’ in section 6(a) includes the father’s absence from actual care. His death is unnecessary.
Choose your answer
Under section 6(a) of the Hindu Minority and Guardianship Act, 1956, as interpreted in Githa Hariharan, who may act as natural guardian of a Hindu boy when his living father is absent from the boy’s care and the mother is in actual charge? Assume the boy falls within section 6(a) and the mother is eligible.
Answer and explanation
Correct answer C
In Githa Hariharan, the Supreme Court held that ‘after’ in section 6(a) includes the father’s absence from actual care. His death is unnecessary.
Option feedback
Option A
The Supreme Court interpreted the father’s absence to include circumstances during his lifetime.
Option B
Section 6(a) identifies the parents as natural guardians and creates no automatic succession for grandparents.
Option C
The mother may act because the father’s absence for this purpose can occur during his lifetime.
Option D
The mother’s capacity under section 6(a) is natural guardianship and needs no testamentary appointment.
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