November 1, 2026

Section 13 – HMGA: Welfare of Minor to Be Paramount Consideration

Hindu Minority and Guardianship Act, 1956 — back to Table of Contents

Section 13. Welfare of minor to be paramount consideration

(1) In the appointment or declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration.

(2) No person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor.

This completes the Hindu Minority and Guardianship Act, 1956. Section 13’s “welfare of the minor” standard is the guiding principle courts apply across custody and guardianship disputes under this Act, and is frequently cited alongside Section 6 in reported judgments.