MAINTENANCE,
• Maintenance under 125 Cr.P.C
• Maintenance under The Hindu
Marriage Act,1955 section (24-25,)
• Maintenance under Hindu Adoption
and Maintenance Act, 1956
section 18-28
• Hindu Minority and Guardianship
Act, 1956 (section 6-13)
*kinds and powers of guardian By- Gazala Noor
Assistant Prof.
UILS, Chandigarh University
Introduction
• Section 125 of CrPC is a means to provide a speedy, inexpensive and effective remedy against
persons who refuse or neglect their duty to maintain persons dependent on them.
• The section discharges a social function in order to achieve and maintain societal balance.
• It also comes under Article 15 (3), which is further reinforced by Article 39.
• It is an important section that deals with women’s human rights and are a legal instrument of
social relevance that is used to uphold the rights of the weaker section of society.
• They are, in a way, aimed at preventing starvation and vagrancy relating to the commission of
crimes
Scope of Section 125 of CrPC
Maintenance under the law is defined as an amount of money paid to a dependent person such
as a wife, child or parent so that they can support themselves financially. It is also defined under
Section 2(b) of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, as a term
that “includes provision for food, clothing, residence and medical attendance and treatment.”
Generally, such matters of maintenance are dealt with the personal laws of the religion to which
the parties belong.
However, this section is applicable to all religions and the personal law under it holds no value in
terms of authority, although, it is relevant to establish the validity of a marriage and cannot be
excluded altogether.
There is no conflict between Section 125 and provisions of any personal law on maintenance. It
may however be taken into consideration by the magistrate when fixing the allowance to be paid
if some maintenance has already been awarded under personal law. Otherwise, it is distinct and
separate from the personal laws of the parties and is truly secular in nature.
Who Can Claim Maintenance Under Section 125 of CrPC
Wife
Any wife, whether of major or minor age, who is unable to maintain herself is entitled to maintenance
under Section 125
(1)(a). According to Explanation
(b), the term ‘wife’ under this section included an un-remarried divorced wife.
Earlier, till the judgment in the Shah Bano Begum case, a divorced wife was not entitled to maintenance
and this caused a lot of injustice to women, especially of the Muslim community. The marriage in any of
these cases has to be valid according to law. A woman despite the unfortunate situation, is in a
relationship with a married man is not entitled to maintenance, this may cause injustice but the Supreme
Court stated such inadequacy can only be cured by the legislature.
Furthermore, the wife should not be living in adultery separately, unless according to the court her
refusal to live with her husband is justified. This applies even if the separation is mutual. If a marriage is
void or annulled under Section 12 of the Hindu Marriage Act, a wife is not entitled to maintenance.
Child
A child who is still a minor according to the Indian Majority Act, 1875, i.e. a person
who has not attained the age of 18 years, whether they are legitimate or
illegitimate, or married or unmarried, are entitled to claim maintenance under
Section 125 (1)(b).
Furthermore, if a minor girl’s husband is unable to support her, then the father of
such a girl is required to maintain her according to the Proviso in this section.
The child has to have been born for such a claim to exist, maintenance of a fetus
when the woman is still pregnant does not come under this section.
Even in a case where the child is under someone else’s custody, the father of such
a child still has the obligation to maintain them.
Parents
According to Section 125 (1) (d), a mother or a father who is unable to
support themselves is entitled to claim maintenance under this section from
their children.
Although the word ‘his’ is used, it applies to both male and female children
of the parents.
Indian society casts a duty on the children to maintain the parents and this
social obligation applies equally to a daughter.
Vijaya Manohar Arbat v. Kashirao AIR 1989 SC 1100
Quantum of maintenance
The magistrate was required to award maintenance not exceeding Rs. 500 till the
Amendment Act No. 50 of 2001.
No there is no limit set for a maximum amount, it’s left up to the Magistrate to
fix a monthly rate as he or she may deem fit for the case.
The rate has to be fixed and determinate and not progressively increasing,
however, it can be altered from time to time according to Section 127.
If the wife and child are both claimants against the same person then it is not
within the section to award them a joint payment, each one has a separate claim
which may be awarded as such.
Initially, a misconception existed that a working woman is not entitled to claim maintenance as
she is earning and is thus able to maintain herself.
Now, based on the judgements in cases
like Bhagwan v. Kamla Devi
(Bhagwan Dutt v. Kamla Devi (1975) 2 SCC 386
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and
Chaturbhuj v Sita Bai,
(Chaturbhuj v Sita Bai 2008
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it is evident that she can claim maintenance even though she is earning.
The SC of India, in this regards, has ruled that an estranged woman can claim maintenance
from her husband in spite of her efforts to earn a monthly income if that is not enough for her
maintenance. It also clarifies that the expression ‘Unable to maintain herself ’ does not require a
wife to be absolute destitute before she can apply for maintenance.
Being jobless no ground to deny maintenance to wife: Court (2008, Dec. 9). Zeenews.com, India edition
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The Delhi High Court has further
clarified few more matters like,
for husband, being jobless does
not work as an excuse for not
paying maintenance3. Indian law
also makes provision under
Section 19 of the Hindu Adoptions
and Maintenance Act, 1956 for
claiming interim maintenance
expenses for proceedings even
during pendency of proceedings.
Maintenance pendente lite
Section 24 of Hindu Marriage Act makes provision for interim maintenance and expenses of
proceedings. It confers on the court, the power to grant interim maintenance and expenses of the
proceedings to either spouse who does not have independent income to provide for his or her support. It
can be claimed in any proceedings under the Act, i.e. including proceeding to obtain decree of nullity
under Section 11 of the Act.
Section 24 does not talk about the grant of pendente lite maintenance to the Children.
The expenses of proceedings include the fees of lawyer, sums to meet up stamp charges, clerical
charges, travelling expenses, etc. The court shall consider income of both spouses before making an
order under Section 24. This provision applies irrespective of whether such spouse appeared as the
initiator of the main proceeding or not. In deciding the question of maintenance pendente lite the only
issue to be considered is whether the claimant is or is not in a position to maintain herself or himself.
In Chitra Lekha v. Ranjit Rai, AIR 1977 Del. 176, it has been laid down that the object behind Section 24
is to provide financial assistance to the indigent spouse to maintain herself (or himself) during the
pendency of the proceedings and also to have sufficient funds to defend or carry on the litigation so that
the spouse does not unduly suffer in the conduct of the case for the want of funds.
Permanent alimony
Section 25 of the Hindu Marriage Act, 1955 empowers the court to grant a right on either spouse to claim
permanent alimony and maintenance. Such alimony or maintenance is to be decided ‘at the time of
passing any decree’ or any time subsequent to it. This section empowers the court to award any of the
following:-
1. A gross sum.
2. A monthly sum.
3. A periodical sum for a term exceeding the life of the applicant.
‘Passing any decree’: The right to get alimony and maintenance under Section 25 is dependent on the
court passing a decree of the kind envisaged under Section 9 to 13 of the Hindu Marriage Act, 1955.
Supreme Court in Chand Dhawan v. Jawaharlal Dhawan, (1993) 3 SCC 406, held that the phrase ‘passing
any decree’ means that an order for permanent alimony can be made when a decree is passed granting
any substantive relief under the Act and not where the main petition is dismissed or withdrawn.
Quantum of maintenance : Section 24 and 25 does not lay down any rigid rule for fixing
quantum of maintenance. It will depend on various factors such as—
(a) Means and conduct of the spouses.
(b) Duration of marriage.
(c) Education and support of children.
(d) Ability of spouse to earn.
(e) Other reasonable wants of the applicant.
In the matter of granting maintenance pendente lite, the court exercises a wide discretion,
but this discretion is not to be exercised arbitrarily. It should be within the purview of the
section and guided by the sound principles of matrimonial laws.
• Another important question which arise in this connection is whether a second wife
whose marriage has been declared nullity under Section 11 can get maintenance under
Section 25 of the Act.
• In Savitaben v. State of Gujarat, AIR 2005 SC 1809, Supreme Court held that where a
marriage is void on the ground of bigamy, the wife is not entitled to maintenance under
Hindu Marriage Act.
• Later, in Ramesh Chandra Daga v. Rameshwari Daga, AIR 2005 SC 422, Supreme Court
held that spouse of null and void marriage, entered into during pendency of an earlier
marriage is entitled to maintenance on passing of a decree of nullity.
• In Jasbir Kaur Sehgal v. District Judge, Dehradun, AIR 1997 SC 3397, the Supreme Court
has held that provisions under Section 24 cannot be given restricted meaning; the wife’s
right to claim maintenance pendente lite would include her own maintenance and that of
her unmarried daughter living with her.
How much alimony can a wife get?
If the alimony is being paid in the form of
monthly payments, the Supreme Court of
India has set 25% of the net monthly
salary that should be granted to the wife
by the husband. In case, the alimony is
being paid in the form of a lump-sum
amount, it usually ranges between 1/5th to
1/3rd of the husband's total worth
What happens if my husband Cannot pay
maintenance?
In cases where husband fails to pay
maintenance, one may file execution
proceedings. When there is no adherence
to that, there could be non bailable
warrant issued in name of husband. His
property could be attached, in order to
recover the amount, as and when issued
by court.
Q Under which of the
following cases can
Section 24 be invoked ?
• Judicial Separation
• Annulment of
Voidable Marriage
• Restitution of
Conjugal Rights
1
Under which of the following cases can Section 24 be invoked Judicial Separation
Annulment of Voidable
Marriage
Restitution of Conjugal Rights All all Correct 4
Q Section 25 can Custody of children
be invoked –
On passing of the
Decree
Section -26
The word‘ children' used in
section 26 includes
Legitimate children and
illegitimate children
Q-Is it compulsory to give maintenance to wife after
divorce?
Permanent maintenance is granted by the court as per Q-How much maintenance can a wife claim?
the personal laws in force in India. Once the divorce The Supreme Court has set a bench of 25% of
proceedings reach an end, permanent maintenance is the husband's net salary to be paid as alimony
awarded under the following provisions: Section 25, to the estranged wife. The Court said 25% is a
Hindu Marriage Act, 1955 – The applicant under this “just and proper” amount for alimony as
section is entitled to maintenance from the spouse. husband might have to take care of the needs
of his family, if he has remarried.
Q-Can a earning wife
Q-Is section 24 HMA appealable?
As seen above, in the said judgement, the Division Bench, claim maintenance
has held that an order made under Section 24 of The under 125 CrPC?
Hindu Marriage Act is an intermediate order and so, it is -Yes, Educated wife can
appealable under Section 19(1) of the Family Courts Act. claim maintenance under
Section CrPC 125
maintenance.
Maintenance under Hindu
Adoption and Maintenance
Act, 1956
SECTIONS-(18-28)
Adoption
• When a person assumes the responsibility of a child
and takes the role of a parent to him, he is said to
have adopted the child.
• The laws governing adoption can vary from country to
country and religion to religion.
• The person adopted can be of any age be it an adult
or a child.
• The parents can often take legal recourse to adopt a
child in order to have definite rights over the adopted
child.
• The consent of the child’s parents to the adoption
may, in special cases, be substituted by the approval
of a judge.
Q-What are the circumstances under which a wife can adopt without consent of her husband-
• He has completely renounced the world
• He ceased to be a Hindu
• He has been declared to be of unsound mind by a competent authority
The laws governing adoption in India are as follows:
The Hindu Adoption and Maintenance Act, 1956
• The Act replaced the common Hindu law and to a great extent has codified the
law on adoption.
• The Act aims to rectify the caste-based division in the Indian society and the
adoption based upon it.
• It deals with the process of adoption of a child and all the legalities concerned
with it.
• The act provides wide powers to a person to adopt according to certain conditions
as specified in the law.
• However, this law does not confer any power to adopt to non-Hindus like
Christians, Muslims and Parsees.
• The ultimate position would be if a Hindu wants to adopt a child from a Home he
would be in a position to do so, but if a non-Hindu like a Christian intends to
adopt he will be found to be sans law and sans procedure.
Where any of the requirements as laid down under s.6 are not strictly
observed, that non-observance of the requisite or requisites is enough to
convert the adoption as invalid one.-Dhanraj v. Suraj Bai 1972 Raj LW 612
Doctrine of factum valet does not have its application in case the
adoption is against what is said by the provisions of the Hindu Adoption
and Maintenance Act, 1956- Lalla Ram v. Gohri Ram 1972 All WR (HC)
612
Q-Does the adopted
necessarily have to
belong to the same
caste as the
adopter?
Ans- NO
Section 18- of Hindu Adoptions and Maintenance Act 1956 :
"Maintenance of wife“
18. (1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of
this Act, shall be entitled to be maintained by her husband during her life time.
(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance
(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or
against her wish, or of willfully neglecting her;
(b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or
injurious to live with her husband;
(c) if he is suffering from a virulent form of leprosy;
(d) if he has any other wife living;
(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine
elsewhere;
(f) if he has ceased to be a Hindu by conversion to another religion;
(g) if there is any other cause justifying her living separately.
(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or
ceases to be a Hindu by conversion to another religion.
A man marrying a second time, during the lifetime of his wife, second wife though, having no knowledge of the first
marriage, is not entitled to claim maintenance under s, 125 of the Code of Criminal Procedure, as she was not legally
wedded wife and for that the marriage was void.-Jamuna Bai v.Anant Rao 1988 Cr LJ 793.
Section 19 of Hindu Adoptions and Maintenance Act 1956 :
"Maintenance of widowed daughter-in-law“
19. (1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be
maintained after the death of her husband by her father-in-law;
Provided and to the extent that she is unable to maintain herself out of her own earnings or other property
or, where she has no property of her own, is unable to obtain maintenance
(a) from the estate of her husband or her father or mother, or
(b) from her son or daughter, if any, or his or her estate.
(2) Any obligation under sub-section (1) shall not be enforceable if the father-in-law has not the means to do
so from any coparcenary property in his possession out of which the daughter-in-law has not obtained any
share, and any such obligation shall cease on the re-marriage of the daughter-in-law.
Liability of the father-in-law comes to an end where the widow is remarried or she has obtained a share in the
coparcenery properties while partition. But her right to share in the separate property of her husband or in his interest
in coparcenery property cannot be divested.-Animuthu v. Gandhimmal 1977 HLR 628.
SECTION 20 of Hindu Adoptions and Maintenance Act 1956
“Maintenance of children and aged parents”
(1) Subject to the provisions of this section a Hindu is bound, during his or her life-time, to maintain
his or her legitimate or illegitimate children and his or her aged or infirm parents.
(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long
as the child is a minor.
(3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is
unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to
maintain himself or herself out of his or her own earnings or other property.
Explanation.―In this section “parent “includes a childless step-mother.
Q- who is liable Regarding the There is no liability casted upon step-son as to maintain his
Maintenance of Children? step mother under this section, though the step-son is liable
Ans-Father is liable irrespective to maintain her as a dependent-
of the custody of child. Pannalal v. Fulmani AIR 1987 Cal 768
21. Dependants defined. - For the purposes of this Chapter dependants mean the following relatives of
the deceased:
(i) his or her father;
(ii) his or her mother;
(iii) his widow, so long as she does not remarry;
(iv) his or her son or the son of his predeceased son or the son of a pre-deceased son of his predeceased son, so
long as he is a minor: provided and to the extent that he is unable to obtain maintenance, in the case of a grandson
from his fathers or mothers estate, and in the case of a great-grandson, from the estate of his father or mother or
fathers father or fathers mother;
(v) his or her unmarried daughter, or the unmarried daughter of his pre-deceased son or the unmarried daughter of
a predeceased son of his predeceased son, so long as she remains unmarried: provided and to the extent that she is
unable to obtain maintenance, in the case of a grand-daughter from her fathers or mothers estate and in the case of
a great-grand-daughter from the estate of her father or mother or fathers father or fathers mother;
(vi) his widowed daughter: provided and to the extent that she is unable to obtain maintenance
(vii) any widow of his son or of a son of his predeceased son, so long as she does not remarry: provided and to the
extent that she is unable to obtain maintenance from her husbands estate, or from her son or daughter, if any, or his
or her estate; or in the case of a grandsons widow, also from her father-in-laws estate;
(viii) his or her minor illegitimate son, so long as he remains a minor;
(ix) his or her illegitimate daughter, so long as she remains unmarried.
22. Maintenance of dependants. –
(1) Subject to the provisions of sub-section (2), the heirs of a deceased Hindu are bound to
maintain the dependants of the deceased out of the estate inherited by them from the deceased.
(2) Where a dependant has not obtained, by testamentary or intestate succession, any share in the
estate of a Hindu dying after the commencement of this Act, the dependant shall be entitled,
subject to the provisions of this Act, to maintenance from those who take the estate.
(3) The liability of each of the persons who takes the estate shall be in proportion to the value of
the share or part of the estate taken by him or her.
(4) Notwithstanding anything contained in sub-section (2) or sub-section (3), no person who is
himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or
she has obtained a share or part the value of which is, or would, if the liability to contribute were
enforced, become less than what would be awarded to him or her by way of maintenance under
this Act.
23. Amount of maintenance. –
(1) It shall be in the discretion of the Court to determine whether any, and if so what, maintenance shall be
awarded under the provisions of this Act, and in doing so, the Court shall have due regard to the considerations
set out in sub-section (2) or sub-section (3), as the case may be, so far as they are applicable.
(2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged or infirm
parents under this Act, regard shall be had to
(a) the position and status of the parties;
(b) the reasonable wants of the claimant;
(c) if the claimant is living separately, whether the claimant is justified in doing so;
(d) the value of the claimants property and any income derived from such property, or from the claimants own
earnings or from any other source;
(e) the number of persons entitled to maintenance under this Act.
(3) In determining the amount of maintenance, if any, to be awarded to a dependant under this Act, regard
shall be had to
(a) the net value of the estate of the deceased after providing for the payment of his debts;
(b) the provision, if any, made under a will of the deceased in respect of the dependant;
(c) the degree of relationship between the two;
(d) the reasonable wants of the dependant;
(e) the past relations between the dependant and the deceased;
(f) the value of the property of the dependant and any income derived from such property, or from his or her
earnings or from any other source;
(g) the number of dependants entitled to maintenance under this Act.
24. Claimant to maintenance should be a Hindu. - No person shall be entitled to claim
maintenance under this Chapter if he or she has ceased to be a Hindu by conversion to another religion.
25. Amount of maintenance may be altered on change of circumstances. - The amount
of maintenance, whether fixed by a decree of Court or by agreement, either before or after the
commencement of this Act, may be altered subsequently if there is a material change in the circumstances
justifying such alteration.
26. Debts to have priority. - Subject to the provisions contained in section 27 debts of every
description contracted or payable by the deceased shall have priority over the claims of his dependants for
maintenance under this Act.
27. Maintenance when to be a charge. - A dependants claim for maintenance under this Act shall
not be a charge on the estate of the deceased or any portion thereof, unless one has been created by the will
of the deceased, by a decree of Court, by agreement between the dependant and the owner of the estate or
portion, or otherwise.
28. Effect of transfer of property on right to maintenance. - Where a dependant has a right
to receive maintenance out of an estate and such estate or any part thereof is transferred, the right to receive
maintenance may be enforced against the transferee if the transferee has notice of the right, or if the
transfer is gratuitous; but not against the transferee for consideration and without notice of the right.
What are the rights of the adopted son?
An adopted child enjoys all the rights that a legal heir would in a normal
scenario. The term “son” is not defined by the Hindu Succession Act 1956 and,
therefore, for all purposes, adopted son is also as much a legal heir as a
biological son (Class-I).
When can a Hindu wife claim
What is the maximum age of maintenance?
adoption in Hindu law? Right to maintenance by the husband:
The child cannot be the age of Under Section 18 of the Hindu
fifteen or older, unless again it is Adoption and Maintenance Act, 1956 a
custom or the usage is applicable Hindu wife is entitled to claim
to the involved parties. An maintenance from her husband in case
adoption can only occur if there is if he is guilty of cruelty, desertion,
not a child of the same sex of the polygamy or has a venereal disease,
adopted child still residing in the thereby enforcing her rights in divorce
home.
Does conversion to another religion disentitle a person to claim
maintenance- Yes,it is a condition precedent that claimant should be Hindu
Hindu Minority and Guardianship
Act, 1956
*kinds and powers of guardian
The term Guardian includes :-
• A natural guardian,
• a guardian appointed by the will of
the minor's father or mother,
• A guardian appointed or declared
by the court.
Natural guardians
Section 6 of the Act, defines the meaning of the term “Natural guardians”.
Section 6: The Hindu Minority and Guardianship Act, 1956:
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 step-father and a step-mother.
Which statement is correct?
1. Boy or girl to be adopted must not be a married person
unless there is a custom or usage to the contrary;
2. boy or girl to be adopted may be a married person;
3. Boy or girl to be adopted must be a married person
unless there is a custom or usage to the contrary;
Who is the natural guardian of a child under Hindu law?
Under Sec. 6 Clause (a) of the Hindu Minority and Guardianship Act, in
case of a legitimate boy and legitimate unmarried girl, his/her
biological father is the natural guardian. It is only when the father is
disqualified or is no more; the biological mother becomes the natural
guardian.
What is testamentary guardianship in Hindu law?
Testamentary guardians were also introduced in Hindu law: It was also accepted that the supreme
guardianship of the minor children vested in the State as parens patrie and was exercised by the courts.
Section 6 of the Act, defines the meaning of the term “Natural guardians”. Section 6: The Hindu
Minority and Guardianship Act, 1956
Q-Can the natural guardian bind the minor by a
What are the laws on minority and guardianship
personal covenant?
in India?
(1) The natural guardian of a Hindu minor has
The modern laws on minority and guardianship
power, subject to the provisions of this section,
are regulated by the Hindu Minority and
to do all acts which are necessary or reasonable
Guardianship Act, 1956. The father is the
and proper for the benefit of the minor or for the
natural guardian of the child and after his
realization, protection or benefit of the minor's
death, the mother will take the responsibility of
estate; but the guardian can in no case bind the
the guardianship of the child.
minor by a personal.
Q-Who is the natural guardian of a minor? Q-Under Section 6 of the Hindu
Ans-the father Minority and
The Law: Section 6 of India's Hindu Minority and Guardianship Act, 1956 the
Guardianship Act, 1956 provides that the natural guardian natural guardian
of a Hindu minor boy or unmarried girl is the father, and of a minor child is?
only after him, the mother. It also provides that the Ans. Father and after him mother.
guardian of a married minor girl is her husband. Section 6
10. Incapacity of minor to act as guardian of property.—
A minor shall be incompetent to act as guardian of the property of any minor.
11. De facto guardian not to deal with minor’s property.—After the
commencement of this Act, no person shall be entitled to dispose of, or deal
with, the property of a Hindu minor merely on the ground of his or her being
the de facto guardian of the minor.
What is the controlling consideration governing the custody of the children in the Hindu
Minority and Guardianship Act 1956?
It is the welfare of the minor and of the minor alone which is the paramount consideration,
Saraswatibai Shripad Vad v. Shripad Vasanji Vad, 1940 SCC OnLine Bom 77. (ii) Section 6
of the Hindu Minority and Guardianship Act, 1956 constitutes the father as the natural
guardian of a minor son.
While ordering custody of child,paramount consideration must be The interest
or welfare of the children .
Who is legal guardian of a child in India?
What are the matters considered by the Hindu father
court in the appointment of a guardian? (1) A Hindu father entitled to act as the natural
the court must take into consideration age, guardian of his minor legitimate children, may,
sex, religion, character of guardian, by will, appoint a guardian for any of them in
wishes of minor and his deceased respect of the minor's person or in respect of the
parent at the time of appointment of minor's property (other than the undivided
guardian. interest referred in section 12) or in respect of
both.
Q. When can a minor's guardian give the child in adoption?
• Where both the parents of the child are dead.
• Where parents of the child become incapable of giving consent
Q-Which of the guardian Cannot deal Q-Can a minor be appointed to act as a guardian of
with the minor property? another minor under the Act?
De facto guardian not to deal with (1) A Hindu father entitled to act as the natural
minor's property. guardian of his minor legitimate children, may, by
—After the commencement of this will, appoint a guardian for any of them in respect of
Act, no person shall be entitled to the minor's person or in respect of the minor's
dispose of, or deal with, the property property (other than the undivided interest referred in
of a Hindu minor merely on the section 12) or in respect of both.
ground of his or her being the de
facto guardian of the minor.
