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Supreme Court Of India

Hon'ble Judge(s): A. S. Anand, M. Srinivasan, U. C. Banerjee , JJJ

Hindu Minority and Guardianship Act (32 of 1956) , S.6(a)— Guardianship - Mother can act as natural guardian of minor even when father is alive - Word 'after' in S. 6(a) has to be read as meaning "in the absence of father" to make the section consistent with constitutional safeguard of gender equality - Section 19(b) of Guardians and Wards Act has to be construed similarly - Decision to operate prospectively. Constitution of India , Art.14— Guardians and Wards Act (8 of 1890) , S.19(b)— Per Dr. A. S. Anand, C. J. I. (for himself and on behalf of M. Srinivasan, J.) (U. C. Banerjee, J. concurring).- In all situations where the father is not in actual charge of the affairs of the minor either because of his indifference or because of an agreement between him and the mother of the minor @page-SC1150 (oral or written) and the minor is in the exclusive care and custody of the mother or the father for any other reason is unable to take care of the minor because of his physical and/or mental incapacity, the mother, can act as natural guardian of the minor and all her actions would be valid even during the life-time of the father, who would be deemed to be 'absent' for the purposes of S. 6(a) of Hindu Minority and Guardianship Act (32 of 1956) and S. 19(b) of Guardians and Wards Act (8 of 1890), Section 19(b) of the Guardi....