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Is A Mother Natural Guardian Of The Child Under The Law

Whether section 6(a) of the Hindu Minority & Guardianship Act 1956 read with section 19(b) of the Guardian Constitution and Wards Act,1890, violative if Articles 14 & 15 of Indian Constitution,1950?

Whether mother can be considered natural guardian under Law.

As regards constitutionality of legislation, in particular section 6 of HMG Act ,it is to be noted that validity of legislation is to be presumed and efforts should always be there on part of Law courts in matter of relation of legislation in statute book rather than scrapping it and it is only in gross violation of constitutional sanctions, that law court would be within its jurisdiction to declare legislative enactment to be an invalid piece of legislation and not otherwise and it is on this perspective, expression s used in section 6 is analyzed.

The word guardian in the definition section means and implies both the parents,the same meaning ought to be attributed to be word appearing in section 6(a) and in that perspective mother's right to act as the guardian does not stand obliterated during the Life time of father and read the same on the statute otherwise would tantamount to a violent departure from the legislature intent.

Section 6(a) itself recognises that both father and the mother ought to be treated as natural guardian and the expression "after" therefore shall have to be read and interpreted in a manner so as not to defeat the true intent of Legislature.

Father and mother are natural guardian in terms of provisions of section 6 read with section 4(c). Father by reason of a dominant personality can not be ascribed to have a preferential right over mother in matter of guardianships since both fall within the same category.

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