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R Saxena (owner)     05 April 2016

Motherless daughter's custody with father

Dear members,

Mother died, father has custody of girl child, who is now 8 years. Maternal grandparents trying to get custody. Can they get legal custody? and how to prevent them ?



Learning

 2 Replies


(Guest)

Kindly tell religion of all parties involved--- Personal law are separate for different religion 


(Guest)

Hindu Minority and Guardianship Act, 1956 

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6 . Natural guardians of a Hindu minor.- The natural guardians of a Hindu, minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are-

(a) in the case of a boy or an unmarried girl-the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;

(b) in the case of an illegitimate boy or an illegitimate unmarried girl-the mother, and after her, the father;

(c) in the case of a married girl-the husband; Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section-

(a) if he has ceased to be a Hindu, or

(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi) Explanation.- In this section, the expressions 'father' and 'mother' do not include a stepfather and a step-mother. 

 

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13 . 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. 


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