Single mother after father deceased

Was she married to the father or is she an unmarried mother?  Under whose custody is the son now? Who are others, if any, claiming custody? What is the age of the son?

Yes, married to the father. Father died few yrs ago. Son is 25 year and son also wants her mother as single mother.

The Hindu Minority and Guardianship Act, 1956 (HMGA) and the Guardianship and Wards Act, 1890 governs the guardianship rights of a mother, father or a third party. Section 6 of the HMGA states that a father is the natural guardian of the child in the case of a wedded couple and it is after the father that the mother's right is recognized.

Actually son wants her mother now as single mother (not only guardianship). He don't want to use his father's name in any of his official documents including marriage registry certificate. What is the procedure?

Sir you must had heard about a famous PIL filed before Madras HC seeking direction that documents with the mother's name must be admitted.

One thing that can be done is to approach the concerned authorities to change such. Post such an attempt one can show his father's death certificate and get the name updated.

However, if the issue pertains we can approach the concerned HC and get a direction for those concerned departments who are delaying  or refusing to update the same,

You can contact me at ykumarmerhrotra@gmail.com or call me at 8130714043

Thanks a lot

Originally posted by : Advocate Y.K. Mehrotra

The Hindu Minority and Guardianship Act, 1956 (HMGA) and the Guardianship and Wards Act, 1890 governs the guardianship rights of a mother, father or a third party. Section 6 of the HMGA states that a father is the natural guardian of the child in the case of a wedded couple and it is after the father that the mother's right is recognized. 

@ Mr. Y K Mehrotra,

Did you find the son is 25 years of age, which do not come under the provisions of HMGA ?

Thanks & Regards

Father was deceased few years ago. No legal separation/divorce was there. Son wants his mother as his single parent and don't want to mention father's name in his upcoming marriage registration certificate. What is the procedure? Thank you sir.

Originally posted by : Dr J C Vashista

Originally posted by : Advocate Y.K. MehrotraThe Hindu Minority and Guardianship Act, 1956 (HMGA) and the Guardianship and Wards Act, 1890 governs the guardianship rights of a mother, father or a third party. Section 6 of the HMGA states that a father is the natural guardian of the child in the case of a wedded couple and it is after the father that the mother's right is recognized. @ Mr. Y K Mehrotra,Did you find the son is 25 years of age, which do not come under the provisions of HMGA ?Thanks & Regards

@ Dr. J C Vashishta 

Thank you for pointing it out sir. Sec 4 (a) states the minority upto 18 years and in some cases to 21 years.

I quoted this act just to put up a fact that a Hindu family after father is deceased mother is competent. The current age is 25 years do not comes under the purview of HGMA but the origin or recognition of mother in capacity as that of father is rightly recognized. 

A son or daughter, who is normal and who is more than 18 years of age is an adult. An adult has the right to decide for himself or herself. No court can order them in this matter. His mother is not a single mother. She is a widowed mother. If the adult son wants to stay with his widowed mother and the mother also wants her son with her no one in the world can stop them. None of the laws mentioned above are relevant here.