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Report No. 133

Punjab Case

(10) The contest in a Punjab case1 was between the uncle of a minor boy and the mother. The uncle (presumably after the death of the father of the boy) had applied for appointment of guardian of the person and property of the minor. The judgment was in favour of the mother in the trial court and, in appeal also, the High Court upheld the order on the reasoning that section 6 of the Hindu Minority and Guardianship Act, 1956 provides that in the absence of the father, the mother is the natural guardian of the minors. Accordingly, the custody of the child was retained with the mother though she had married a second husband. The High Court pointed out that remarriage is not one of the disqualifications under the Hindu Minority and Guardianship Act.

1. Bakshi Ram Ladha Ram v. Shila Devi, AIR 1960 Punj 304 (305) (D.K. Mahajan, J.).

Removal of Discrimination against Women in matters relating to Guardianship and Custody of Minor Children and elaboration of the Welfare Principle Back

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