The Hindu Minority and Guardianship Act, 1956
Meaning and Scope
The Hindu Minority and Guardianship Act, 1956 is an Indian law that deals with the guardianship of minor children in Hindu families. It defines who can be a natural guardian of a Hindu minor and their powers and responsibilities. The Act also provides for the appointment of guardians by the court in certain cases, such as when the natural guardian is unfit to act as a guardian. The Act is applicable to Hindus, Buddhists, Jains, and Sikh
The Hindu Minority and Guardianship Act, 1956 (HMGA) and the Guardians and Wards Act, 1890 (GWA) both deal with the issues related to the guardianship of minors.
Applicability
The HMGA applies to Hindu children and governs the appointment and powers of guardians for Hindu minors. On the other hand, the GWA is a secular law that is applicable to minors of all religions and governs the appointment and powers of guardians for minors.
Difference from The Guardians and Wards Act, 1890
- One of the main differences between the two acts is that the HMGA provides for a natural guardian of a minor, who is the father if he is alive, and if not, then the mother. The GWA, on the other hand, does not provide for a natural guardian, and the court can appoint any suitable person as a guardian of the minor.
Another difference is that the HMGA provides that the
custody of a minor below the age of five years shall ordinarily be with the
mother. The GWA does not make any such provision.
