Which section of the HMGA (Hindu Minority and Guardianship Act, 1956) provides that the guardianship of a child below 5 years of age shall ordinarily be with the mother?
Question and options
Which section of the HMGA (Hindu Minority and Guardianship Act, 1956) provides that the guardianship of a child below 5 years of age shall ordinarily be with the mother?
- Section 5
- Section 6
- Section 7
- Section 8
Answer and explanation
Correct answer: B - Section 6
Section 6(a) of HMGA (Hindu Minority and Guardianship Act, 1956) names the father, and after him the mother, as natural guardian of a minor boy or unmarried girl, with the proviso that the custody of a minor who has not completed five years of age “shall ordinarily be with the mother”. Section 5 gives the Act overriding effect, Section 7 deals with the natural guardianship of an adopted son, and Section 8 sets out the powers of a natural guardian.
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