File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Is A Mother Natural Guardian Of The Child Under Law

In relation to the constitutionality of legislation, particularly Section 6 of the HMG Act, it is important to recognize that the validity of legislation is presumed. Courts should prioritize retaining legislation in the statute book rather than scrapping it.
 
 Only in cases of significant constitutional violations should courts declare an enactment invalid. The term 'Guardian' and its meaning, as defined under Section 4(b) of the Act, should not be seen as restrictive. Instead, it encompasses both the father and the mother. This interpretation aligns with the concept of a guardian as someone responsible for the care of a minor's person and property.
 
 Regarding Section 6(a), which acknowledges both parents as natural guardians, it is essential to interpret the expression 'after therefore' in a way that preserves the legislature's true intent. Consequently, a mother's right to act as a guardian does not cease during the father's lifetime.
 
 The statute should not be read otherwise, as it would deviate significantly from legislative intent. In summary, both the father and the mother are natural guardians according to Section 6, and neither should be given preferential rights over the other due to personality traits.

Law Article in India

You May Like

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly