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Thread: State the matters to be considered by a court in appointment of a guardian of minor.

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    Word Icon 35px Jpg.ashx State the matters to be considered by a court in appointment of a guardian of minor.

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    Q. What do you understand by the term guardian as used in guardians and wards act, who can be appointed as guardian.
    Q. Define guardian enumerate the grounds on which a guardian can be removed. (2003)
    Q. Define guardian who can be appointed guardian. how can he be removed. (2004)
    Q. Define 'guardian'. how can be appointed. (2005)
    1. Introduction:

    The right of guardianship of the minor belongs to the father and in his absence to his nominate. where no one has been nominated than to the grandfather. if he dies the right of guardianship vests in the court.
    2. Guardian:
    According to guardians and wards act 1890 guardian means a person having the care of the person of a minor of his property or his person and property.
    3. Ward:
    Every minor who has a guardian no matter what type of guardian he has i.e the one appointed by the court under guardians and wards act or one who is self appointed be facto guardian.
    4. Persons who can apply for appointment of guardian:
    Following person can apply for the appointment of the guardian 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 to 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.
    5. Contents of the application:
    (i) Name age address sex religion of the minor.
    (ii) Property of the minor.
    (iii) Name and address of person having custody of the minor.
    (iv) Whether a guardian of person or property.
    (v) Name of the relative of the minor.
    (vi) Qualification of proposed guardian.
    (vii) Whether any application has been at any time made to any other court with respect to the
    (viii) The causes which have led to the making of the application.
    (xi) Any other necessary particulars.
    6. Kinds of guardian:
    (i) Guardian of person.
    (ii) Guardian of property.
    (iii) Guardian for the marriage.
    7. Who can be guardian of person:
    Under hanfie law:

    Under hanife law in the case of a son below seven fears of age and of a daughter below the age of puberty following are the entitle for the custody.
    (i) Mother
    (ii) Mother, s mother how high-so-ever.
    (iii) Father, s mother how high-so-ever.
    (iv) Full sister.
    (v) Uterine mother.
    (vi) Consanguine sister
    (vii) Full sister daughter.
    (viii) Uterine sister daughters
    (ix) Mother father.
    (x) Maternal aunts
    (xi) Paternal aunts
    (xii) Paternal aunts of mother and father.
    In the absence of them following female paternal relation shall have entitlement.
    (i) Father
    (ii) Paternal grand father
    (iii) Full brother
    (iv) Consanguine brother.
    (v) Full brother son
    (vi) Consanguine brother,s son
    (vii) Full paternal uncle
    (viii) Consanguine paternal.
    (ix) Full paternal uncle, s son
    (x) Consanguine paternal,s son.
    In the absence of then following relative shall have entitlement:
    (i) Uterine brother
    (ii) Uterine brother,s son
    (iii) Father, s uterine brother
    (iv) Maternal uncle
    (v) Mother,s uterine brother
    Shire law:
    The custody of son below two years of age or of a daughter below seven years of age to the mother and after the mother the custody of the minor belongs to the father and of being not qualified then to the grands father how high so ever. the custody of son about two years of age and a daughter above. 7 years of age belong to the father and in his absence to the true grand father how high-so-ever.
    8. Who can be guardian of property:
    (i) Natural or legal guardian can be appointed guardian of property.
    (ii) Testamentary guardian.
    (iii) Court can appoint appoint any person guardian of property in case of absence of natural and testamentary guardian.
    (iv) A person can voluntarily take the charge of the property. he is in other words self appointed guardian
    9. Powers of court to make order as to guardian:
    When the court is satisfied that it is for the welfare of a minor that an order should be made.
    (i) Appointing a guardian of this person or property or bother.
    (ii) Declaring a person to be such guardian the court may make order accordingly.
    10. Removal of guardian:
    Guardian can be removed on the following grounds:
    (i) For abuse of his trust.
    (ii) Failure to perform his duties.
    (iii) Incapacity to perform the duties.
    (iv) For ill treatment or neglect to take proper care of his ward.
    (v) Conviction of an offence implying in the opinion of the court defect of character which renders unfit him to be the guardian of his ward.
    (iv) Interest adverse to the faithful performance of court.
    (vii) Ceasing to reside within local limits of the jurisdiction of the court.
    (viii) Insolvency in case of guardian for property of ward.
    (ix) Ceasing by reason of guardian being liable to cease under personal law of the minor.
    Modes of removal:
    (a) By the application.
    (b) By the court by it own motion.
    11. Conclusion:
    To conclude i can say that the guardian has right to the movement and action of person. guardianship extends to the custody of the person and power to deal with the property of the ward. a guardian can be removed form his office under the guardians and wards act.

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