Section 19: Guardian not to be appointed by the Court in certain cases

Leading cases

• Githa Hariharan v. Reserve Bank of India (1999)The Court read the word 'after' in Section 6(a) of the Hindu Minority and Guardianship Act, 1956 as 'in the absence of', so that a mother can act as natural guardian during the father's lifetime, and upheld the provision.

Questions on this section

1 question in 2 of our papers cite Section 19. Try these from the free papers:

1. 1. Under Section 19(b) of the Guardians and Wards Act, 1890, as substituted by Act 30 of 2010, the Court is not authorised to appoint or declare a guardian of the person of a minor, other than a married female, whose:

   A.father and mother are both living and both are fit, the bar not applying where only one parent is aliveB.father is living and is not, in the opinion of the Court, unfit to be guardian, whatever the position of the motherC.father or mother is living and is not, in the opinion of the Court, unfit to be guardian of the minor's personD.mother is living, unless the father has expressly consented in writing to the appointment of another guardian
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