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Under section 6(a) of the Hindu Minority and Guardianship Act, 1956, who ordinarily comes first in the…

Section 6(a) of the Hindu Minority and Guardianship Act, 1956 places the father first in the ordinary order for a boy in the stated circumstances. In Githa Hariharan v…

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Under section 6(a) of the Hindu Minority and Guardianship Act, 1956, who ordinarily comes first in the statutory order of natural guardians for a six-year-old Hindu boy born to married parents when both parents are present, eligible and caring for him?

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Answer and explanation

Correct answer A

Section 6(a) of the Hindu Minority and Guardianship Act, 1956 places the father first in the ordinary order for a boy in the stated circumstances. In Githa Hariharan v Reserve Bank of India, the Supreme Court read ‘after him’ to mean in the father’s absence, which can occur during his lifetime. The proviso about children under five concerns ordinary custody.

Option feedback

Option A

In these circumstances section 6(a) lists the father first in the ordinary statutory order.

Option B

The mother can be the natural guardian in the father’s absence, including a relevant practical absence during his lifetime. Neither parent is absent in the facts given.

Option C

Section 6(a) specifies an order of natural guardians. It does not require joint natural guardianship in the stated circumstances.

Option D

The eldest sibling is outside the statutory order specified in section 6(a).

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