Can an application of declaration of Guardianship be filed by mother of a minor when she is a divorce of her husband in High Court, under Sec.6 of "THE GUARDIANS AND WARDS ACT,1890' or only in civil court. plz. explain
C.Bhargava Sarma (Advocate) 07 September 2010
Can an application of declaration of Guardianship be filed by mother of a minor when she is a divorce of her husband in High Court, under Sec.6 of "THE GUARDIANS AND WARDS ACT,1890' or only in civil court. plz. explain
1. Section 6 of Hindu Minority and Guardianship Act lays down that the natural guardian of minor Hindu unmarried girl in respect of the person as well as the property shall be the father and after him the mother.
2. Proviso to Section 6 is in the nature of disqualification for being natural guardian in case if the father ceases to be Hindu or renounces the world completely or finally by becoming a hermit or ascetic.
3. No, the application shall be filed in District Civil Court and Section 5 with sub clauses are very clear on it.
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