Law

good question but also have a look at section 6 of the Hindu Minority & Guardinship Act, 

6. Natural guardians of a Hindu Minor. The natural guardians 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-

Also ur question is not clear as u have mentioned that mother is staying in MOTHER OF THE BABY IS STAYING IN HER PARENTS HOUSE 

& IN THE ABSENCE OF MOTHER means the mother is working somewere else or if she's is staying in this parent's house than who can she be absent?

Ur question is not clear as u have mentioned that mother is staying in MOTHER OF THE BABY IS STAYING IN HER PARENTS HOUSE & IN THE ABSENCE OF MOTHER means the mother is working somewere else or if she's is staying in this parent's house than who can she be absent?

Mother is staying at her parents house with the baby and the mother is working. She is out for her service almost for 14 hrs every day. she hardly able to devote 8 hrs for the baby including her own rest hrs. So in that way she is not taking proper care of her child who is just 5 months old.

In the absence of mother ( in case of death) does the parents of the mother become a legal gaurdian of the child as grandparents or does the father of the child becomes a legal gaurdian of the child.

Pls advice

@pratik

It was very interesting for me to read into S.6(c) HMG Act.

It clearly says that for a married girl, her husband is the guardian. It does not state any age limitation on this. So it means, when a child is begotten, then also she stays in the guardianship of her husband. And this status continues till her death. I draw inference from S.125CrPC for maintenance of wife, which is complimentary to the subject section because a person who is dependant on someone, should have a right to be maintained by the other.

But now, surprisingly we have a landmark judgment of Supreme Court of India, which states, that S.6(a)HMG Act, also include mother and the words after father does not says thas only after death of the father but even before that if father is not capable of maintaining the child, the mother would be the natura guardian. This judgment was pronounced and based on Art.14 & Art.15 of Constitution of India, on the name of gender equality and women empowerment and liberation.

Can you now understand that how confusing the situation is? A lady who is a dependant for her needs on a man, and that man is her guardian, but during thsi same status, she can be the guardian to another!!

How can a person be dependant on a person who herself is dependant?? How can we ensure that this dependant is capable of taking-care of the child?

Certainly, we live in a country full of diversity and confused law-makers.

//peace

/Saurabh..V