Question

Referring to Section 6 of Hindu Minority and Guardianship Act the Supreme Court observed that the words "after him" does not mean 'after the life time of the father'. Indeed it means 'in the absence of'. If the father is non functional as guardian for various reasons like indifference, physical or mental incapacity, away from the place where the child lives with the mother, by mutual understanding, it may be treated as the 'absence' of the father. In which case?

• A. Lily Thomas case
• B. Sarla Mudgal case
• C. Githa Hariharan case
• D. Goverdhan Lal case

Hint:

Associate Githa Hariharan's case with the concept of "equal guardianship" for Hindu mothers. This case is a milestone in the journey towards gender equality in Indian personal law.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question describes a landmark interpretation by the Supreme Court of Section 6 of the Hindu Minority and Guardianship Act, 1956. This section deals with the natural guardians of a Hindu minor. It states that the natural guardian of a boy or unmarried girl is the father, and "after him", the mother. The question asks to identify the case in which the court interpreted "after him" in a progressive, gender-just manner.
Step 2: Detailed Explanation:
The case in question is \textit{Githa Hariharan v. Reserve Bank of India (1999)}. Before this judgment, the phrase "after him" was generally interpreted to mean that the mother could become the natural guardian only after the death of the father.
The Supreme Court, in a landmark ruling, held that this interpretation was discriminatory and violated the principles of equality enshrined in the Constitution. The Court interpreted the words "after him" to mean not necessarily 'after the lifetime' of the father, but rather 'in the absence of' the father.
The Court clarified that 'absence' could mean temporary or permanent absence for various reasons, such as the father being indifferent, physically or mentally incapacitated, or being away from where the child lives. This judgment effectively made the mother an equal guardian of the child along with the father. The text quoted in the question is a near-perfect summary of the ratio of this case.
Step 3: Final Answer:
The progressive interpretation of "after him" to mean "in the absence of" was laid down by the Supreme Court in the case of \textit{Githa Hariharan v. Reserve Bank of India}. Therefore, option (C) is correct.