Question
“A Hindu mother can be natural guardian of her minor child during the life of father of the child if he is not taking due care of the child.” This was held by the Supreme court of India in case of
The correct answer is
Githa Hariharan Vs. Reserve Bank of India
Guardianship Ruling: Githa Hariharan Case
The Supreme Court of India addressed the issue of a Hindu mother's role as a natural guardian in the case of Githa Hariharan Vs. Reserve Bank of India.
Key Holding on Mother's Guardianship
The Court held that a Hindu mother can act as the natural guardian of her minor child even during the lifetime of the child's father.
- This applies specifically when the father is unable to take care of the child or is not taking due care.
- The ruling emphasizes the paramount importance of the child's welfare.
- It clarifies that the mother's right to guardianship is not necessarily secondary to the father's, especially in situations of neglect or incapacity.
Therefore, the specific case mentioned in the question is Githa Hariharan Vs. Reserve Bank of India.
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Important Questions from Hindu Law
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- Match the LIST-I with LIST-II
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- Identify the correct statement from the following :
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