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Under the proviso to section 6(a) of the Hindu Minority and Guardianship Act, 1956, who ordinarily has…

The proviso to section 6(a) ordinarily places custody of a child under five with the mother. In custody decisions the child’s welfare remains paramount.

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Under the proviso to section 6(a) of the Hindu Minority and Guardianship Act, 1956, who ordinarily has custody of a child who has not completed five years of age?

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Answer and explanation

Correct answer D

The proviso to section 6(a) ordinarily places custody of a child under five with the mother. In custody decisions the child’s welfare remains paramount.

Option feedback

Option A

The ordinary custody preference for a child under five is for the mother, even though section 6(a) separately addresses natural guardianship.

Option B

The proviso gives the ordinary preference to the mother. It does not single out an elder sister.

Option C

The proviso gives the ordinary preference to the mother. It does not single out a grandfather.

Option D

The mother has the ordinary custody preference for a child who has not completed five years. The child’s welfare remains paramount.

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