Appointment of Guardianship
Under the section 7 of Guardian & Ward Act 1890 court has power to appoint any person as a guardian of the minor or property or both. When the court is satisfied that it is for the welfare of the minor that on order should be made.
(a) Applying a guardian of his person property or both
(b) Declaring a person to be such guardian, the court may make an order accordingly.
Point of consideration for Guardianship
Court at the time of passing the order will see the both material and moral/spiritual welfare of the minor. Under section 17 of Guardian and Ward Act the following principles are laid down in order to secure the welfare of the minor.
(1) Age
(2) Sex
(3) Religion of the minor
(4) Character and capacity of the proposed guardian
(5) Nearness of kin to the minor
(6) Wishes of the deceased parent
(7) Any existing or previous relation of the propped guardian with the minor or his property
(8) If the minor is old enough to form an intelligent preference that preference has to be considered.
(9) Whether the applicant ion is bonafide or necessary or not.
Classification of Guardian
1. De jure
2. De facto
Person entitled to apply
1. The person desirous of being or claiming to be, the guardian of the minor or
2. Any relative or friend of the minor or
3. The collector of the district or to her local area within which the minor ordinarily resides or in which he has property or
4. The collector having authority with respect to the class to which the minor belongs
Guardian cannot be appointed in these cases
(a) Of a minor who is a married female and whose husband is not, in the opinion of the court, unfit to be guardian of her person or
(b) Of a minor whose father is living and is not, in the opinion of the court unfit to be guardian of the person of the minor or
(c) Of a minor whose property is under the superintendence of Court of Wards competent to appoint a guardian of the person of the minor.