Natural guardianship under Hindu Law is determined based on the child’s religion and gender. The natural guardian is the person who is responsible for the care, protection, and welfare of a minor.
The Hindu Minority and Guardianship Act, 1956, recognizes the following natural guardians for a minor:
- Father: The father is the natural guardian of an unmarried Hindu minor son. The father’s authority as a natural guardian comes to an end if he dies, ceases to be a Hindu, or becomes of unsound mind.
- Mother: The mother is the natural guardian of an unmarried Hindu minor daughter. The mother’s authority as a natural guardian comes to an end if she remarries or dies.
- Father and mother jointly: If the father is alive and the mother has not remarried, they are the joint natural guardians of the minor.
- Other relatives: If both the father and mother are dead, or if the parents have renounced the world or abandoned the child, the nearest relative of the minor in the male line or the female line may become the natural guardian.
The Natural Guardian Powers and Duties
- Custody of the minor: The natural guardian has the right to have the custody of the minor.
- Maintenance and education of the minor: The natural guardian is responsible for the maintenance and education of the minor. The guardian has to provide for the minor’s food, clothing, shelter, education, and medical care.
- Property of the minor: The natural guardian has the power to manage the property of the minor. The guardian can deal with the minor’s property only for the benefit of the minor.
- Alienation of the minor’s property: The natural guardian cannot alienate the minor’s property without the permission of the court.
- Legal proceedings: The natural guardian can represent the minor in legal proceedings.
