Section 5 in The Hindu Widow's Remarriage and Property Act, 1989, (1933 A. D.)
5. Guardianship of children of deceased husband on the remarriage of his widow.
- If, on the re-marriage of a Hindu widow with children, of whom she has not been expressly constituted by the will or testamentary disposition of the deceased husband the guardian of his children but is the natural guardian or one appointed by a Court, a claim to their guardianship should be made by another person, the matter shall be decided by a petition to the District Judge who shall be guided in retaining the mother as guardian or making another appointment according to the best interests of the minors without reference to the preferential rights of the mother:Provided that, when the said children have not property of their own sufficient tor the support and proper education whilst minors, no person other than die mother shall be appointed unless the proposed guardian shall have given security for the support and proper education of the children whilst minors.
