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HC grants 5-year-old girl's custody to mother citing 'natural guardian' status

The Bombay High Court's Aurangabad bench has given a five-year-old girl's custody to her mother, ruling that after the father's passing, the mother is the child's natural legal guardian under the Hindu Minority and Guardianship Act, unless her unsuitability to ensure the child's welfare is proven

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Temporary care by relatives doesn`t override the mother`s right to natural custody says HC. File pic.

Temporary care by relatives doesn`t override the mother`s right to natural custody says HC. File pic.

The Aurangabad bench of the Bombay High Court has granted custody of a five-year-old girl, who was living with her paternal grandparents, to her mother. The court noted that, after the father's demise, the natural guardian of a minor child is the mother, reported news agency PTI.

A bench led by Justice SG Chapalgaonkar stated on Tuesday that according to the Hindu Minority and Guardianship Act, the natural guardian of a minor child is first the father, and then the mother.

Therefore, legally speaking, the minor girl should be given into the custody of the mother unless it is established that she has an adverse interest or is incapable of securing the child's welfare, the High Court said.

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