Supreme Court of India

Githa Hariharan and Anr. v. Reserve Bank of India and Anr.

Neutral citation

Reported as [1999] 1 S.C.R. 669

Bench A.S. Anand J.

Decided 17 February 1999

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

10 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that in all situations where the father is not in actual charge of the affairs of the minor either because of his indifference or because of an agreement between him and the mother of the minor (oral or written) and the minor is in the exclusive care and custody of the mother or the father H for any other reason is unable to take care of the minor because of his ) GITHAHARIHARAN v.

Judgment, page 26

From the headnote

Hindu Law: Hindu Minority and Guardianship Act, 1956 : c Section 6(a)-l'rovided that mother had the right to become a natural guardian of a minor only 'after' the father-Discrimination on ground of sex alone-Constitutionality of-Mother and father of a minor jointly applied to the Reserve Bank of India (RBI) for opening a deposit account in the name of the minor-Mother, in agreement with the father, signed the application as the guardian of the minor-But RBI refused to accept the application on the ground that the mother, during the lifetime of the f other, was not the natural guardian of the

Authorities it was built on

1970 Jijabai Vithalrao Gajre v. Pathankhan & Ors. cited by 3

Where later benches applied it

2022 Mrs. Akella Lalitha v. Sri Konda Hanumantha Rao & Anr. relied on
2018 Justice K. S. Puttaswamy (retd.) v. Union of India & Ors. relied on
2014 National Legal Services Authority v. Union of India and Others relied on
2023 Association of Old Settlers of Sikkim and Ors. v. Union of India and Anr. referred to
2023 Kaushal Kishor v. State of Uttar Pradesh & Ors. referred to
2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. referred to
2021 Ravinder Kumar Dhariwal & Anr. v. The Union of India & Ors. referred to
2017 Shayara Bano v. Union of India and Others referred to
2017 Ms. Eera through Dr. Manjula Krippendorf v. State (govt. of Nct of Delhi) & Anr. referred to
2015 Abc v. The State (nct of Delhi) referred to

Of those, 3 relied on · 7 referred to

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