According to Section 6 of the 1956 Hindu Minority and Guardianship Act in India, the mother comes in second to the father as the child’s natural guardian. Additionally, it stipulates that a married minor girl’s husband will act as her guardian. Natural Defense, Section 6 In the case of a boy or unmarried girl, the father, and then the mother; provided, however, that the care of a youngster who has not reached the age of five years shall ordinarily be with the mother; the natural guardians of a Hindu minor are: in the case of a boy or unmarried girl, the father, and after him, the mother. The mother, then the father, in the event of an illegitimate boy or unmarried female; in the case of a married girl, the husband.

A minor is defined as someone who has not reached the age of 18 under Section 4(a). Section 4(b) defines a guardian as a person who has attained the age of 18 and is appropriately caring for a minor as well as the interests of the guardian for the minor’s property and for his or her own possessions.

Different Guardians

There are three different kinds of guardians:

• Natural Defender
• Testamentary Protector
• A Court-appointed guardian Natural Guardian

The natural guardian of the minor designates the minor’s mother and father in accordance with Section 4(c) of the Act. His husband is the guardian of a minor wife. According to Section 6 of the Act, there are three different kinds of natural guardians: Father, a boy or unmarried girl’s natural guardian is their father; the father’s mother is the second guardian after the first. According to the Act, a mother is solely the child’s natural guardian for the first five years.

A natural guardian’s abilities According to Section 8, the natural guardian has the following authority over the child: Hindu minors have a natural guardian who is empowered to carry out any duties that are necessary and in the best interests of the child. Benefits or protection for the minor’s condition To use any gifts given to him, mortgages, or other valuables belonging to the minor, the natural guardian must obtain previous court approval. For any lease of a minor’s property that lasts more than five years or for a term that continues for an additional year after the minor reaches majority. It is absolutely necessary to obtain the Court’s prior approval before doing so. Any violation of a natural guardian’s disposal of real estate will be voidable in the case of the minor or any other person making a claim on his behalf. No Court may authorise the natural guardian to take any action that is against the interests of the minor.

Section 9 of the Hindu Minority and Guardianship Act of 1956 states that a testamentary guardian may only be nominated in a will.  The stated or implied guardianship adoption must be given to the testamentary guardian in order to be valid. A testamentary guardian has the choice to reject the appointment, but once chosen, they are unable to resign or refuse to carry out their guardianship responsibilities without the court’s permission. Both the mother and the father are given the testamentary right to designate a guardian under the Hindu Minority and Guardianship Act of 1956. The father’s chosen testamentary guardian will lose their authority if the mother rejects them, and she will then become the child’s new natural guardian.

If the mother names a testamentary guardian, that person will take over as the guardian and the father’s appointment will be nullified. If the mother declines to select a guardian, the father’s choice will take over as guardian.

Lawyer in Lucknow may be hired if the couple reside in Lucknow. Moreover, if the couple resides in Ghaziabad then lawyers in Ghaziabad may be hired. Lawyer in Delhi may be appointed if the couple resides in Delhi.

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