Whether the mother can act as a natural guardian in case of incapacity of the father with regard to Section 6 of the Act and whether it is violative of Articles 14 and 15 of the Constitution?
Section 6(a), Hindu Minority and Guardianship Act, 1956
Section 4(b), Hindu Minority and Guardianship Act, 1956
Section 19, Guardian and Wards Act, 1980
Articles 14, 15 of the Indian Constitution
CEDAW and Beijing Declaration’s measures to prevent discrimination.
Whether it is imperative for an unwed mother to specifically notify the putative father of the child whom she has given birth to of her petition for appointment as the guardian of her child?
S.7, S.11 and S.19(b) Guardians and Wards Act, 1890[GWA]. S.8 Succession Act 1925 [SA]. S.6(b) Hindu Minority and Guardianship Act, 1956
Whether a shift in the custody of a child is in the interest of the child?
Children are not mere chattels nor are they toys for their parents. Absolute right of parents over the destinies and the lives of their children, in the modern changed social conditions must yield to the considerations of their welfare as human beings so that they may grow up in a normal balanced manner to be useful members of the society and the guardian court in case of a dispute between the mother and the father, is expected to strike a just and proper balance between the requirements of welfare of the minor children and the rights of their respective parents over them.
Whether the father or the mother was entitled the guardianship of the child?
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.