Can I take my illegally born child custody

547 votes

Raj Bai And Ors. vs Shashi Kant Pandey on 2 January, 2007 REPORTED IN 2007 (2) MPHT 55

Section 6 in The Hindu Minority and Guardianship Act, 1956
6. Natural guardians of a Hindu minor.—The natural guardian 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 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 expression “father” and “mother” do not include a step-father and a step-mother.⁠⁠⁠⁠

Advocate Vijay Raghav Singh LawRato

873 votes

The natural guardian of an illegitimate child is mother and after her the father. So if the mother of your illegitimate girl chid is alive and is capable and willing to take care of her then you can not have the custody of your illegitimate girl chid.

Advocate Pradeep Naik LawRato