Critical Analysis Of Custody And Guardianship Rights Of Mothers In India

1Nikhil Bajpai

2Konark Pratap Gupta

1ICFAI Law School, IFHE Hyderabad, International Business Law, University of Salford, Manchester United Kingdom.,
2B.A.LL.B. (Hons.) Specialization in Energy Laws, LL.M. Specialization in Constitutional and Criminal Law, National Law University Delhi, UGC NET.


This Article has critically analysed the changing interpretation and growth of Custody and guardianship rights of Mothers in India and its various aspects by representing the approach and the ideology of the Indian courts while deciding the custody and guardianship rights of women in India. We need to accept that laws concerning children, like most laws, will inevitably remain flawed and in need of constant revision because of different dimensions such as women empowerment, Social and Educational Development and also due to increasing trend of judicial Activism. This article will answer above issues in the context of two legislations the first one is Guardians and Wards Act, 1890 which law is a secular legislation and secondly Hindu Minority and Guardianship Act, 1956 which is applicable only to Hindus.


Children, Custody, Guardians and Wards Act, 1890; Guardianship, Hindu Minority and Guardianship Act, 1956.

Paper Details
IssueIssue 10