ISSUE:
Whether the father or the mother was entitled the guardianship of the child?
RULE:
Section 13 of the Hindu Minority and Guardianship Act, 1956:
Welfare of minor to be paramount consideration. -
(1) In the appointment of declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration.
(2) No person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor.