MCQ Battle: Custody Laws
family bar_exam advanced mcq_debateWe've got a tussle between Kunal and me on this one. Question: "A couple has two children. Father dies before divorce. Mother remarries. Who gets custody of children?" According to Section 6 of the Hindu Minority and Guardianship Act, 1956: "The natural guardians of a Hindu minor, in respect of the minor's person as well as of the minor's property, shall be-
(a) In whom the custody of the person has been entrusted, under a decree or order of a competent Court; or
(b) The father, and after him, the mother, provided that the order of preference may be regulated by any law for the time being in force."
Kunal says answer is b, citing the father's natural right. I say answer is a, as the court's decision supersedes other considerations. Who's right? Community, settle this!
Kya baat hai, Custody Laws mein aap sabhi ko confusion hoga hi. Main aapko yeh batata hoon, under Section 13(1)(iii) of Hindu Marriage Act, 1955, if marriage is dissolved by mutual consent, then court mein dispute custody ke liye sunway ka paath hai. Aur yeh sab kuch uske baad karenge, ki maa aur papa ko jis child ke liye custody sunway ka paath hai, uske baap ko preference dein gaa.