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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

  1. Which of the following is not correct under Section 8 of Hindu Succession Act 1956? The property of a Hindu male dying intestate shall devolve
  2. Which sections of Hindu Marriage Act 1955 deal with matrimonial remedy of divorce?
    (a) Section 13
    (b) Section 13 (1-A)
    (c) Section 17
    (d) Section 13-B

    Choose the correct option :
  3. Read the following statement in the light of Hindu Adoption and Maintenance Act 1956:
    (a) Section 7 deals with capacity of a male Hindu to take in adoption
    (b) Section 13 deals with valid adoption not to be cancelled
    (c) Section 12 deals with effect of adoption
    (d) Section 15 deals with right of adoptive parents to dispose off their properties

    Choose the correct option :
  4. Match List I and List II

     

     

    List I

    (Section of Hindu Marriage Act 1955)

     

    List II

    (Provision)

    (a)Section 5 (i)(i)Ceremonies of Hindu Marriage
    (b)Section 7(ii)Marriageable age
    (c)Section 8(iii)Monogamy
    (d)Section 5 (iii)(iv)Registration of Marriage



    Choose the correct option from those given below :

  5. Arrange the provisions of Hindu Succession Act 1956 in chronological order (Section wise)

    (a) Presumption in case of simultaneous death
    (b) Failure of heirs
    (c) Act not to apply to certain properties
    (d) Full blood preferred to half blood

    Choose the correct option :
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