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vustudents
09-05-2012, 01:19 AM
1. Introduction:
Welfare of the minor is supreme law. the court can appoint guardian in the absence of the legal guardian under guardian and wards acts 1890. the court may also on the application of any person interested, or in its own motion remove a guardian.
2. Guardian:
According to guardians and wards act 1890 guardian means a person having the care of the person of a minor or of his property or of his person and property.
3. Persons who can apply for appointment of guardian:
Following person can apply for the appointment of the guardian of a minor.
(a) Person who wishes to be appointed or a person claiming to be the guardian of the minor.
(b) Any relative or friend of the minor.
(c) The collector of the district or other local area within which the minor ordinarily resides or which he has property or.
(d) The collector having authority with respect to the class to which the minor belongs.
4. Welfare of minor is supreme law:
Welfare of the minor is the supreme law. the court has always to bear in mind the welfare of the minor and then proceeding further to appointment of the guardian. the term welfare includes moral. spiritual and material well being of the minor.
5. Matters to be considered for appointment of guardian:
Following matters are to be considered for the appointment.
I. Age:
The age of the minor is firstly considered by the court. during tender age of a child he needs the care and affection of the person interested in him. so where a minor is above 17 years old, there is no use in pointing a guardian of his person.
II. Sex:
Under guardians and wards act a virgin should not be given in the custody of a male, if there exist no prohibition to the marriage.
III. Religion:
Under law, child must be presumed to have father's religion. the court must take into consideration this aspect while appointing the guardian.
IV. Capacity of proposed guardian:
The court must be the capacity, and qualification, of the proposed guardian.
V. Kinship with the minor:
The court must take into consideration the relationship and nearness of kin with the minor.
VI. Wishes of the minor:
The wishes of the minor are also considered by the court wile making the appointment of the guardian.
VII. Personal law of the minor:
The appointment of the guardian should be made in a way that he could not interfere in the personal law of the minor.
VIII. Wishes of the deceased parents of minor:
The wishes of deceased parent of the minor are also considered by the court.
IX. Character of the proposed guardian:
The court must take into consideration the character of the proposed guardian.
6. Conclusion:
To conclusion I can say that, the welfare of minor is an important factor in appointing the guardian by the court. the court must take into consideration age, sex, religion, character of guardian, wishes of minor and his deceased parent at the time of appointment of guardian.