Minor in Possession,minority and guardianship
Laws governing minor in possession in India
What are the laws governing minor in possession in India?
By  Anonymous  |  18 May 2016  |  Upvotes: 1  | 

1 Answer(s)

Deepika Gill
Advocate

The laws governing child custody in India are the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956. The Hindu Minority and Guardianship Act states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property; in the case of a boy or 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. There are numerous connotations this can take, some of these are: that the law reflects our patriarchal social structure and that small children are always better off with the mother.Matters are also complicated by a legal process that does not view legal guardianship to be co- terminus with physical custody of a child.

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