Understanding Guardianship of Minus 18 Years Old Child in Hindu Minority Marriages
family ailet beginner questionI'm so confused about guardianship rights in minority Hindu marriages. Jab tum log mock tests dete ho, I'm at my shift here. In Hindu Minority Marriages, both parents are alive, the husband is Hindu, and the wife is non-Hindu, but their ward is more than 18 years old. I know section 6 of HM Act says that if either parent is a Hindu, the minor child's property is governed by Hindu law. But what happens when the child turns 18 and still wants both parents to be his guardians? Can both parents be joint guardians even if one is non-Hindu? Koi example dikhao ya toh koi reference?
2 Comments
Bhai, I think there's a lacuna in the existing Hindu Minority Marriage laws. Guardianship of a minor in such cases is governed by both the Guardians & Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956, but often leads to conflicts. We need to delve deeper into this issue to provide clarity and protection to minor children in these families.
Yeh to bas baat hai (This is just a discussion). Article 9 of Hindu Minority Guardianship Act, 1956 says guardianship of a minor child's parents is the first line. But in cases where parents are not living together, court can intervene. It will be interesting to see how this plays out in practice, especially with increasing cases of interfaith marriages.