Under section 6 of the Hindu Minority and Guardianship Act, 1956 the natural guardian of a minor child…
Githa Hariharan v. Reserve Bank of India interpreted “after” in section 6(a) of the Hindu Minority and Guardianship Act, 1956 as absence or non-availability of the father…
Choose your answer
Under section 6 of the Hindu Minority and Guardianship Act, 1956 the natural guardian of a minor child is the father, and only after him, the mother. In which of the following cases did the Supreme Court interpret the word “after” as “during the non-availability”?
Answer and explanation
Correct answer B
Githa Hariharan v. Reserve Bank of India interpreted “after” in section 6(a) of the Hindu Minority and Guardianship Act, 1956 as absence or non-availability of the father rather than only his death. The interpretation allows the mother to act as natural guardian during the father’s lifetime where he is absent from the child’s care. It avoids treating the mother’s guardianship as necessarily postponed until the father dies.
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