Section 6
Hindu Minority...
Hindu Minority and Guardianship Act, 1956 - Section 6(a) - Section 6(a) - Court has awarded the interim custody to the mother keeping in view the fact that the children are too young i.e. 3 years as of now and are twins – Order upheld.
Hindu Minority and Guardianship Act, Section 6 (a) - Provides that custody of a minor who has not completed the age of five years shall ordinarily be with the mother - While appointing a natural guardian, the 'Welfare of the Child’ is of paramount importance for the court - The term 'Welfare of the Child’ has a wide connotation and cannot be limited to fulfilling the financial needs only - A minor child not only needs a roof over his head and food on his table, but requires emotional sustenance as well - A safe environment, full of love and nurturing care is always conducive to the overall development of a tender mind and that is why the legislature in its wisdom provided for custody of a minor under the age of 5 to be ordinarily with his/her mother.
2021 PLRonline 3926