Académique Documents
Professionnel Documents
Culture Documents
&
Guardianship
Saadiya
Assistant Professor
SLS Noida
Scheme of Learning
Minor?
Child/infant/minor
Age
Relationship
Legislations
Chapter I- Preliminary
Chapter II Appointment and Declaration of Guardians
Chapter III- Duties, Rights and Liabilities of Guardians
Chapter IV Supplementary Provisions
Chapter I
Extent and applicability
Definitions
Minor
Ward
Guardian
Court
Chapter II
Act not in conflict with personal law of minor
Power of court to appoint/declare a guardian for welfare of minor.
Who can apply for order
Who has the jurisdiction to make order.
Form of application
Procedure
Interlocutory orders
Several guardians?
Guardian for property beyond jurisdiction.
Factors for Consideration in matter of appointment/declaration of
guardian.
Chapter III
Fiduciary nature of relationship. Non profit office.
Minor as guardian?
Remuneration
Duty of guardian of person
Title of guardian to custody of ward. (Section 25)
Removal of ward from jurisdiction.
Duty of guardian of property.
Termination of guardianship
Removal
Death
Discharge
Majority of minor.
Unfitness of father/husband being cured.
Act to amend and codify the law relating to minority and guardianship
among Hindus.
Act supplementary to GWA.
Act to have an overriding effect.
Applicable on Hindus.
Definitions
Minor
Guardian
Natural Guardian
Types of Guardians
Natural guardians
Testamentary guardian
Certificated Guardian
Natural Guardian
Father
Mother
Husband
Section 6
The natural guardians of a Hindu minor, in respect of the minor's person as well as in respect
of the minor's property (excluding his or her undivided interest in joint family property), are
(a) in the case of a boy or an unmarried girlthe father, and after him, the mother; provided
that the custody of a minor who has not completed the age of five years shall ordinarily be with
the mother;
(b) in the case of an illegitimate boy or an illegitimate unmarried girlthe mother, and after
her, the father;
(c) in the case of a married girl
the husband:
Provided that no person shall be entitled to act as the natural guardian of a minor under the
provisions of this section
(a) if he has ceased to be a Hindu, or
(b) if he has completely and finally renounced the world by becoming a hermit (vanaprastha)
or an ascetic (yati or sanyasi).
Explanation.In this section the expressions father and mother do not include a stepfather and a step-mother.