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Judgment Search Results Home > Cases Phrase: hindu minority and guardianship act 1956 Court: chennai Year: 1971

Apr 07 1971 (HC)

R. Santhakumari Vs. S. Natarajan

Court : Chennai

Decided on : Apr-07-1971

Reported in : (1973)2MLJ286

..... rights of the parties. undoubtedly, in these matters the welfare of the child is important. just because under section 6 (a) of the hindu minority and guardianship act the mother is ordinarily entitled to have the custody of the child below five years, it does not mean that if in the interests of ..... looked after by his father and grandmother. under those circumstances the kerala high court held that in spite of section 6 (a) of the hindu minority and guardianship act, the mother was not entitled to be appointed as the guardian of the child and get custody of the same. as the proviso under section ..... in custody of the child. it is pointed out by the learned counsel for the petitioner that under section 6 (a) of the hindu minority and guardianship act normally a child below five years of age should be in the custody of the mother in preference to the father. he also referred ..... the petitioner getting the custody of the child. whatever be the position prior to the passing of hindu minority and guardianship act, after the passing of that act, the statutory provision is that ordinarily the custody of a minor child below the age of 5 years should be with the mother in preference to the father. ..... would not be entitled to the custody of the child albeit the provisions contained under section 6 (a) of the hindu minority and guardianship act. after quoting section 6 (a) of the said act, the learned judges observed at page 404 in column 2 as follows:the other sub-clauses are not relevant for the .....

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