5Mother to be guardian on death of father

### 5 Mother to be guardian on death of father > > (1)  On the death of the father of an infant, the mother, if surviving, shall be the guardian of such infant, either alone when no guardian has been appointed by the father, or jointly with any guardian appointed by the father. > > > (2)  When no guardian has been appointed by the father, or if the guardian appointed by the father is dead, or refuses to act, the Court, if it thinks fit, may appoint a guardian to act jointly with the mother.