Code
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.
— Section 6, The Hindu Minority and Guardianship Act, 1956
Explanation
Section 6 outlines the hierarchy and conditions for the appointment of natural guardians for Hindu minors, including who can act as the guardian and under what circumstances. It focuses on both the person and property of the minor, excluding their undivided interest in joint family property.
Key Points
🔸 Natural Guardians for Different Categories of Minors:
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(a) For a boy or unmarried girl:
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The father is the natural guardian.
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After the father, the mother becomes the guardian.
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Custody of minors under the age of five shall generally be with the mother.
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(b) For an illegitimate boy or unmarried illegitimate girl:
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The mother is the natural guardian.
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After the mother, the father becomes the guardian.
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(c) For a married girl:
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The husband is considered the natural guardian.
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🔸 Disqualifications for Guardianship:
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A person cannot be the natural guardian if they:
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Have ceased to be a Hindu.
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Have renounced worldly life by becoming a hermit (vanaprastha) or ascetic (yati or sanyasi).
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🔸 Explanation on ‘Father’ and ‘Mother’:
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The terms “father” and “mother” do not include step-father or step-mother, making it clear that only biological parents or legally recognized guardians are considered in this provision.
Illustration
Example 1:
If a Hindu boy’s father is alive, the father will act as his guardian. However, if the boy is under five, custody will normally be with the mother.
Example 2:
For a Hindu girl who is married, the husband becomes her natural guardian, as per Section 6(c).
Example 3:
In the case of an illegitimate minor (boy or girl), the mother is the primary guardian, and the father follows only after the mother.
Conclusion
Section 6 of The Hindu Minority and Guardianship Act defines the natural guardianship of Hindu minors based on their gender, legitimacy, and marital status. The section ensures that the welfare of the child is upheld by prioritizing the biological parents, and it clearly defines the disqualifications for guardianship, maintaining the integrity of guardianship laws by excluding non-Hindu individuals or those who have renounced worldly attachments
