Who can apply for the appointment as guardian? 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 a Court of Wards competent to appoint a guardian of the person of the minor. The natural guardian of a married girl is her husband. In the absence of father, mother is the natural guardian. This act specifically serves to define guardianship relationships between adults and minors, as well as between people of all ages and their respective property. Mutsaddi, 1918 45 Cal 887.
It was held that as the father is the natural guardian and was employed as a Lecturer a noble profession, the welfare of the minor is with his father and mother and not other relatives; Ankur Tripathi v. Testamentary guardians and their powers. The natural guardians have also the obligation to maintain their minor children. However, the guardian cannot sign a personal covenant for the minor. Even the tiniest amount is huge! Powers of natural guardian 8.
Natural guardians of a Hindu minor 7. The guardianship by affinity was taken to its logical end by the High Court in Paras Ram v. Explanation— The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:- i any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion; ii any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhists, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged; and iii any person who is convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion. The Act immediately provides that the custody of a minor who has not completed the age of 5 years shall ordinarily be with the mother. Under the Guardians and Wards Act, 1890, the jurisdiction is conferred on the District Court: The District Court may appoint or declare any person as the guardian whenever it considers it necessary in the welfare of the child. Insofar as matter not covered by this Act are concerned, they are regulated by the old Hindu Law as well as other statutes on the subject. No other person has any such power.
It further held that Sec 60 of Limitations Act would be applicable when the minor repudiates the transaction. All of these acts were put forth under the leadership of , and were meant to modernize the then current Hindu legal tradition. But in several decision, it has been considered that if the father is unable and do not have sufficient fund then the natural guardian shall be mother as described by the court in the following cases:- i R. In case, a minor repudiates an improper alienation made by the guardian, he is liable to return the consideration. It is of special significance to children born to sex workers.
Such an interpretation will keep the statute within the constitutional limits otherwise the word after if read to mean a disqualification of a mother to act as guardian during lifetime of father the same would violate one of basic principles of our constitution i. Section 6 of Act provides that the natural guardian consists of the three types of person:- i Father ii Mother iii Husband Thus the natural guardian can only be father, mother and husband and according to it:- In case of a boy or unmarried girl firstly the father and later mother is the guardian of a minor. This is expressed by saying that welfare of the child is paramount consideration. Act to be supplemental to Act 8 of 1890. The child is not willing to his father. The children told me that they continue with their mother as they are residing with her.
This was due to the concept of joint families where a child without parents is taken care of by the head of the joint family. We do not have much of textual guidance or case law on the powers of the guardians by affinity. Thus no specific laws were required regarding the guardianship. This list of 4 types of guardians is not exhaustive. In addition to the above, the Hindu Minority and Guardianship Act, 1956 mentions the following grounds: i If he ceases to be Hindu, or ii Has completely and finally renounced the world by becoming a hermit or an ascetic. The guardian appointed by the court is known as certificated guardian. There are a very few acts which he can perform without the prior permission of the court.
The Act does not recognize the principle of joint guardians. This is not complete code relating to the Hindu Law on minority and guardianship. Father as a natural guardian Father is the natural guardian of a minor. . Save as otherwise expressly provided in this Act,- a any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act; b any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act.
On this reasoning the husband claimed the right to invoke S. The female child is in 8th year studying 2nd class. If mother does not appoint, father's appointee will become the guardian. In other words, a de facto guardian is a person who is not a legal guardian, who has no authority in law to act as such but nonetheless he himself has assumed, the management of the property of the child as though he were a guardian. The Hindu Minority And Guardianship Act, 1956 1. The father has the right to control the education and religion of minor children, and their upbringing and their movement. When the father is alive and is not disqualified to act as the guardian of the minor, it is incompetent for the mother to interpose herself as the guardian of the minor.
So long as the father is alive, he is the sole and supreme guardian of his minor children. I used to send articles, dress to children. Powers of Testamentary Guardian: The testamentary guardian becomes entitled to act as the guardian of the minor after the death of the natural guardian. Under Section 9, Hindu Minority and Guardianship Act, testamentary guardian can be appointed only by a will. The Koran, the alladis and other authorities on Muslim law emphatically speak of the guardianship of the property of the minor, the guardianship of the person is a mere inference. This ruling will have far-reaching implications for women in India, who have fought long for equal rights in the matter of guardianship. The Privy Council in Hanuman Pd.