In a major judgement the honourable Supreme Court made a point emphasizing the equality of the mother to fulfil the role of a guardian held that ‘gender equality is one of the basic principles of our Constitution, and, therefore, the father by reason of a dominant personality cannot be ascribed to have a preferential right over the mother in the matter of guardianship since both fall within the same category ‘
References to law and related cases:
Section 6 (a) -The Hindu Minority and Guardianship Act 1956.
The Law Commission of India 83 report 1980.
Child custody Law in India – the Hindu – February 2013.