The natural guardian 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—
- in the case of a boy or an unmarried girl—the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;
- in case of an illegitimate boy or an illegitimate unmarried girl—the mother, and after her, the father;
- in the case of a married girl—the husband:
- if he has ceased to be a Hindu, or
- if he has completely and finally renounced the world by becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).