G uardianship & Wards Act

Guardianship & Wards Act
The Guardianship & Wards Act, 1890 came into force in order to protect the minor’s interest and protect his property. The term ‘minor’ is defined under Section 4(1) of the Guardianship & Wards Act, 1890. According to this section, a minor is someone who has not completed 18 years of age. This definition of minor is taken from the Indian Majority Act, 1875. The term ‘guardian’ is defined under Section 4(2) of the Indian Majority Act, 1875. Guardian is the person who takes care of the minor or his property or both.
Provisions of the act
As per the Act, the District Court or any other Court is authorized to appoint the guardian for the minor. The Guardianship Act supplements personal laws of all the religions in relation to guardianship.
Under section 7– Under this section, the Court can appoint a guardian and also declare a person as the guardian of the child. The Court has the power to remove the guardian.
Under section 8 of the Act, an application can be submitted by the below-mentioned persons for the appointment as a guardian:-
- the desirous person for becoming the guardian of the child
- any friend or relative of the minor child
- the District Collector where the minor either resides or where the property is situated.
- the Collector who has the authority upon the class to which such minor belongs
Application form
Matters of consideration for the minor child
Section 17 of the Act states the matters to be considered for the appointment of the guardian of the minor child. The Court has to take care of the interests of the minor and the Court cannot appoint a minor against the wishes and interests of the minor. The law to which the minor is subject, should also be taken care of while appointing the guardian for the child. The sex, religion and if the child is intelligent enough to form a mature opinion-these factors should also be taken care of. If there is a wish of the deceased parent then it shall be taken care of, too.
Remuneration to be paid to the guardian
The provision for giving remuneration to the guardian is given under section 22 of the guardianship & wards act. The guardian who is appointed by the court shall receive such allowances which the court deems fit for the proper execution of his duties.
Jurisdiction of the court– Family court
Nature of evidence– Preponderance of probability
Case laws-
‘Ms. githa hariharan vs reserve bank of india, 1999 AIR SCW 811’ – In this case, the mother wanted to nominate her minor child for her investments but as per the requirements of the paperwork, the name of the father was to be disclosed. The hon’ble apex court annulled two fundamental rules in this case:- firstly, the interests of the child are of paramount importance and thereby the mother will be considered a guardian. secondly, a mother has the right to conceal the identity of the father of the child for privacy reasons.
It was also stated by the hon’ble court that both the parents have to be treated at par with each other. The use of the word ‘after’ under the Hindu law will not make the position of the mother secondary.
Frequency and questions
Yes, the application can be filed under section 12 of the act.
No, the right of visitation is usually granted to the petitioner by the court.
The petition is filed under section 25 of the act for seeking permanent custody of the child.
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