
Section 6 HMGA | Mother’s Prima Facie Custody Right for Children Under 5 Overridden Only by Child’s Welfare: Madras HC
Madras High Court rules that while Section 6 of the Hindu Minority and Guardianship Act, 1956 presumes a mother’s custody right for children under five, this presumption is rebuttable if the child’s welfare is better served with the father. The court dismissed a habeas corpus petition, emphasizing that the child’s settled environment with the father outweighed the statutory presumption.

