Match List-I with List-II and select the correct answer from the codes given below it :List-IList-II(a) Gita Hariharan Vs RBI(1) Cruelty as a ground of divorce(b) Daniel Latifi Vs UOI(2) Mother as a natural guardian even though the father is alive(c) Dastane Vs Dastane(3) Restitution of conjugal rights(d) T. Saritha Vs Venkata Subbaih(4) Constitutional validity of Muslim Women (Protection of Rights on Divorce) Act, 1986Codes :

The correct matching is (a)-(2), (b)-(4), (c)-(1), (d)-(3).Githa Hariharan v. Reserve Bank of India (1999): the mother can act as natural guardian of a minor even while the father is alive, reading 'after' in Section 6 of the Hindu Minority and Guardianship Act as 'in the absence of'.Danial Latifi v. Union of India (2001): upheld the constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986.Dastane v. Dastane (1975): the leading case on cruelty as a matrimonial ground.T. Sareetha v. T. Venkata Subbaiah (1983): the Andhra Pradesh High Court struck down restitution of conjugal rights under Section 9 of the Hindu Marriage Act.Every other code places at least two of these cases against the wrong topic.

Match the following and select the correct answer using the codes given below it :List IList II(a) Remedy for deprivation of custody of a child(1) Insolvency of the guardian(b) Removal of a testamentary guardian(2) Application under sec.-97, 98 of Criminal Procedure Code 1973(c) Appointment of a guardian ad-litem(3) Disability of a guardian(d) Apostacy(4) Order 32 of Civil Procedure Code

The match is a-2, b-1, c-4, d-3.Deprivation of custody of a child: an application under sections 97 and 98 of the Criminal Procedure Code, for a search warrant and restoration.Removal of a testamentary guardian: on grounds such as the insolvency of the guardian (section 39 of the Guardians and Wards Act).Appointment of a guardian ad litem: Order 32 of the Civil Procedure Code, for suits by or against minors.Apostasy: a disability of a guardian, since under the Hindu Minority and Guardianship Act a natural guardian who ceases to be a Hindu is disqualified.Option B swaps (c) and (d), and options A and C misplace the criminal procedure remedy.

Guardianship Questions and Answers

Q: Under the Guardians and Wards Act, 1890, what condition applies for appointing a guardian for a married female minor ?

A guardian can be appointed only if the husband is considered unfit by the Court.Section 19(a) of the Guardians and Wards Act, 1890 says the court is not authorised to appoint or declare a guardian of the person of a minor who is a married female and whose husband is not, in the opinion of the court, unfit to be guardian of her person. So while a fit husband is alive, he is her guardian and the court cannot appoint anyone else; only the court's finding that he is unfit opens the way.The Act does not ask for a declaration of legal incompetence, a joint application by the parents, or the husband's consent.

Q: A guardian who has been deprived of the custody of his wards, has the following remedies open to him :(1) Writ of habeus corpus within the original civil jurisdiction of a High Court(2) Application to a Magistrate under Section 97, 98 of Criminal Procedure Code 1973(3) Regular suit by guardian for custody of the ward(4) No need to recourse to legal actionCodes :

The keyed answer is (1), (2) and (3) are correct and (4) is incorrect.A guardian wrongfully deprived of the custody of a ward has several legal remedies. He can seek a writ of habeas corpus from the High Court for the production of the ward. He can apply to a Magistrate under the Code of Criminal Procedure, whose Sections 97 and 98 provide for search of persons wrongfully confined and for the restoration of abducted women and minor girls. And he can file a regular suit for recovery of the custody of the ward, or seek an order under the Guardians and Wards Act.Statement (4), that there is no need to resort to legal action, is plainly wrong, since self-help is not a lawful remedy. So the code accepting (1) to (3) and rejecting (4) is the right one.

Q: Under section 6 of Hindu Minority and Guardianship Act, 1956, the natural guardian of an illegitimate minor child is.................

The natural guardian of an illegitimate minor is the mother.Section 6(b) of the Hindu Minority and Guardianship Act, 1956 provides that in the case of an illegitimate boy or an illegitimate unmarried girl, the natural guardian is the mother, and after her, the father.So the father comes only after the mother, and the Act does not make both parents guardians simultaneously or leave the choice open. (For a legitimate child, Section 6(a) names the father, and after him the mother.)

Under the Guardians and Wards Act, 1890, what condition applies for appointing a guardian for a married female minor ?

A.The husband must be declared legally incompetent
B.The husband must be considered unfit by the Court
C.The parents must apply jointly for such appointment
D.The husband must consent to such appointment

Exam Year(s)

AIBE - 2026,

Answer: B

A guardian can be appointed only if the husband is considered unfit by the Court.

Section 19(a) of the Guardians and Wards Act, 1890 says the court is not authorised to appoint or declare a guardian of the person of a minor who is a married female and whose husband is not, in the opinion of the court, unfit to be guardian of her person. So while a fit husband is alive, he is her guardian and the court cannot appoint anyone else; only the court's finding that he is unfit opens the way.

The Act does not ask for a declaration of legal incompetence, a joint application by the parents, or the husband's consent.

Discuss in Forum

Match List-I with List-II and select the correct answer from the codes given below it :

List-I	List-II
(a) Gita Hariharan Vs RBI	(1) Cruelty as a ground of divorce
(b) Daniel Latifi Vs UOI	(2) Mother as a natural guardian even though the father is alive
(c) Dastane Vs Dastane	(3) Restitution of conjugal rights
(d) T. Saritha Vs Venkata Subbaih	(4) Constitutional validity of Muslim Women (Protection of Rights on Divorce) Act, 1986

Codes :

A.(a)-(2), (b)-(1), (c)-(4), (d)-(3)
B.(a)-(1), (b)-(2), (c)-(3), (d)-(4)
C.(a)-(2), (b)-(4), (c)-(1), (d)-(3)
D.(a)-(1), (b)-(3), (c)-(4), (d)-(2)

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: C

The correct matching is (a)-(2), (b)-(4), (c)-(1), (d)-(3).

Githa Hariharan v. Reserve Bank of India (1999): the mother can act as natural guardian of a minor even while the father is alive, reading 'after' in Section 6 of the Hindu Minority and Guardianship Act as 'in the absence of'.
Danial Latifi v. Union of India (2001): upheld the constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
Dastane v. Dastane (1975): the leading case on cruelty as a matrimonial ground.
T. Sareetha v. T. Venkata Subbaiah (1983): the Andhra Pradesh High Court struck down restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

Every other code places at least two of these cases against the wrong topic.

Discuss in Forum

A guardian who has been deprived of the custody of his wards, has the following remedies open to him :

(1) Writ of habeus corpus within the original civil jurisdiction of a High Court
(2) Application to a Magistrate under Section 97, 98 of Criminal Procedure Code 1973
(3) Regular suit by guardian for custody of the ward
(4) No need to recourse to legal action

Codes :

A.(1) and (2) only are correct
B.(1), (2), (3) are correct and (4) is incorrect
C.(3) and (4) only are correct
D.(2) and (3) only are incorrect and (1) is correct

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

Answer: B

The keyed answer is (1), (2) and (3) are correct and (4) is incorrect.

A guardian wrongfully deprived of the custody of a ward has several legal remedies. He can seek a writ of habeas corpus from the High Court for the production of the ward. He can apply to a Magistrate under the Code of Criminal Procedure, whose Sections 97 and 98 provide for search of persons wrongfully confined and for the restoration of abducted women and minor girls. And he can file a regular suit for recovery of the custody of the ward, or seek an order under the Guardians and Wards Act.

Statement (4), that there is no need to resort to legal action, is plainly wrong, since self-help is not a lawful remedy. So the code accepting (1) to (3) and rejecting (4) is the right one.

Discuss in Forum

Under section 6 of Hindu Minority and Guardianship Act, 1956, the natural guardian of an illegitimate minor child is.................

A.Mother
B.Father
C.Both mother and father simultaneously
D.Either mother or father

Exam Year(s)

MH SET - 2019, SET Exam - 2019,

Answer: A

The natural guardian of an illegitimate minor is the mother.

Section 6(b) of the Hindu Minority and Guardianship Act, 1956 provides that in the case of an illegitimate boy or an illegitimate unmarried girl, the natural guardian is the mother, and after her, the father.

So the father comes only after the mother, and the Act does not make both parents guardians simultaneously or leave the choice open. (For a legitimate child, Section 6(a) names the father, and after him the mother.)

Discuss in Forum

Match the following and select the correct answer using the codes given below it :

List I	List II
(a) Remedy for deprivation of custody of a child	(1) Insolvency of the guardian
(b) Removal of a testamentary guardian	(2) Application under sec.-97, 98 of Criminal Procedure Code 1973
(c) Appointment of a guardian ad-litem	(3) Disability of a guardian
(d) Apostacy	(4) Order 32 of Civil Procedure Code

A.a-1, b-3, c-4, d-2
B.a-2, b-1, c-3, d-4
C.a-4, b-2, c-1, d-3
D.a-2, b-1, c-4, d-3

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: D

The match is a-2, b-1, c-4, d-3.

Deprivation of custody of a child: an application under sections 97 and 98 of the Criminal Procedure Code, for a search warrant and restoration.
Removal of a testamentary guardian: on grounds such as the insolvency of the guardian (section 39 of the Guardians and Wards Act).
Appointment of a guardian ad litem: Order 32 of the Civil Procedure Code, for suits by or against minors.
Apostasy: a disability of a guardian, since under the Hindu Minority and Guardianship Act a natural guardian who ceases to be a Hindu is disqualified.

Option B swaps (c) and (d), and options A and C misplace the criminal procedure remedy.

Discuss in Forum

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