The natural guardians of a Hindu, minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are—
(a) in the case of a boy or an unmarried girl—the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;
(b) in the case of an illegitimate boy or an illegitimate unmarried girl—the mother, and after her, the father;
(c) in the case of a married girl—the husband:
Provided that no person shall be entitled to act as the natural guardian of a minor under the provisions of this section—
(a) if he has ceased to be a Hindu, or
(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).
Explanation.— In this section, the expressions "father" and "mother" do not include a step-father and a step-mother.
Legal Commentary & Landmark Judgments: Section 6
Section 6 of the Hindu Minority and Guardianship Act, 1956 defines the natural guardians of a Hindu minor, establishing equal parental status for mothers.
The constitutional interpretation of the word 'after' in clause (a) represents a landmark milestone in Indian gender equality jurisprudence.
Section 6 historically embodied a patriarchal preference for the father. However, the constitutional interpretation in Githa Hariharan fundamentally transformed parental law, empowering mothers to sign passport applications, school admissions, investment documents, and medical consents as natural guardians. In custody disputes, the tender-years doctrine under the proviso to clause (a) creates a strong statutory presumption that children under five belong in maternal custody unless severe maternal unfitness is proven.