Section 125
Parental Authority To Be Exercised Jointly
(1) The mother and
father shall, jointly and with their mutual consent, exercise such
authority over, fulfill 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 circumstance, exercise such authority and fulfill such
responsibility and duty as to be exercised and fulfilled pursuant to
the said sub-section:
(a) If either of the father and mother dies, the surviving
mother or father,
(b) If either of the mother and 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
separate according to law, the mother or father who
has taken the custody of the minor,
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(d) If the father of a minor is not traced out, the
mother.