Father as a Guardian

Father being a natural guardian under the Hindu Laws, is entitled for declaration of guardianship unless it is found in a given case that he is unfit in the context of parenting of the minor child or would act against the interest and welfare of the minor child, as the case may be. Irrespective of the mother's custody, the guardianship of the father cannot be divested in law.

Roxann Sharma v. Arun Sharma, (2015) 8 SCC 318.