Section 125: Parental authority to be exercised jointly

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1) The mother and father shall, jointly and with their mutual consent, exercise such authority over, fulfil such responsibility and duty towards their son and daughter as required to be exercised and fulfilled under this Chapter.

2) Notwithstanding anything contained in sub-section (1), the following mother or father, as the case may be, shall, in the following circumstances, exercise such authority and fulfil such responsibility and duty as to be exercised and fulfilled pursuant to the said sub-section:

(a) If either the father or the mother dies, the surviving mother or father,

(b) If either the mother or the father is of unsound mind, the mother or father of sound mind, during the period of existence of such state of mind,

(c) If the matrimonial relationship between the mother and father is dissolved or they have been living separately according to law, the mother or father who has taken the custody of the minor,

(d) If the father of a minor is not traced out, the mother.

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Section 125: Parental authority to be exercised jointly

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