Prayagraj : Allahabad High Court has held that a father, being the natural guardian of his minor daughter under Section 6 of the Hindu Minority and Guardianship Act, 1956, cannot be denied custody of the child unless he is shown to be unfit to act as her guardian.
After his father-in-law and three brothers-in-law allegedly refused to hand over the child’s custody, the father filed a petition under Section 25 of the Guardians and Wards Act, 1890, read with Section 6 of the Hindu Minority and Guardianship Act, 1956. During the proceedings, the HC noted that the child alternated between living with her maternal grandfather and a maternal aunt who already had five children, indicating that the respondents were not exclusively caring for her.
The trial court dismissed the father’s petition, prompting him to file the present appeal before the HC.
The better future of the minor cannot be jeopardised on account of the difficulties she may face due to the changed circumstances if her custody is given to the appellant. ” Allowing the appeal, the court, in its Aug 21 judgment, directed the respondents to hand over custody of the minor girl to her father within one month. The bench observed: “Though we are cognisant of the fact that the minor daughter would face difficulties in adjusting with the appellant and his family, we are also mindful of the fact that her future prospects do not appear to be very secure and stable if she continues to stay with the respondents.