According to Section 6 of the Hindu Minority and Guardianship Act 1956, delineates natural guardianship for Hindu minors, establishing a hierarchical order of guardianship based on gender and marital status. For boys and unmarried girls, the father is the primary natural guardian, followed by the mother, with a specific provision mandating maternal custody for children under five years. In cases of illegitimate children, the mother assumes primary guardianship, followed by the father, while married girls are under their husband’s guardianship. The section includes crucial provisions that disqualify individuals from natural guardianship if they have renounced Hinduism or completely withdrawn from worldly life through ascetic practices. Importantly, the section explicitly clarifies that “father” and “mother” do not encompass step-parents, thereby narrowing the definition of natural guardianship to biological parents within the Hindu legal framework. and the guardians and Ward Act 1890, both parents have equal rights over their child after divorce. If one parent wants to take the child abroad permanently or for a long duration, they must obtain written consent from the other parent or seek permission from the court. The court considers the child’s best interests while making such decisions. In cases where there is a risk of child abduction or permanent relocation without consent, the aggrieved parent can file a petition in court to prevent the child’s departure and can even request authorities to impound the child’s passport.
A parent can obtain a court injunction preventing the child from leaving India, alert immigration authorities, and request the passport office to include their name in the passport control list. If there are genuine concerns about the child’s welfare or the travel might permanently deprive the other parent of their rights, courts generally rule in favour of restricting international travel. However, if the travel is temporary, like for education or vacation, and proper safeguards are in place for the child’s return, courts may permit such travel with specific conditions and timelines.
