FAMILY LAW - II
FAMILY LAW – II
PROJECT REPORT ON
GUARDIANS APPOINTED BY COURT
SUBMITTED TO:
Mrs. Jaimala, Professor, University Institute of Legal Studies, S tudies, Panjab University, Chandigarh.
SUBMITTED BY:
Anshul Singhal, !"#$, %th Semester, Se&tion'C, (.Com L.L(, University Institute of Legal Studies, Panjab University, Chandigarh.
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FAMILY LAW - II ACKNOWLEDGEMENT
he su&&ess and final out&ome of this 1roje&t re2uired a lot of guidan&e and assistan&e from many 1eo1le and I am e3tremely fortunate to have got this all along a long the &om1letion of my 1roje&t re1ort. 4hatever I have done is only due to su&h guidan&e and I 5ould never forget to than6 them. I am than6ful to and fortunate enough to get &onstant en&ouragement, su11ort and guidan&e throughout the &om1letion. I am very mu&h than6ful to Mrs. Jaimala for her su11ort and guidan&e, 5ithout 5hi&h I 5on7t be able to a&&om1lish this 1roje&t 5or6. I am than6ful to my friends 5ho hel1ed me in &olle&tion of material. Lastly and most im1ortantly, I 5ould li6e to than6 my 1arents and the almighty for moral su11 ort and &onstant su1ervision. Anshul Singhal !"#$
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FAMILY LAW - II CONTENTS
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PARTICULARS
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>istory Present Mother >usband )uardian of Illegitimate Child )uardian of Ado1ted Child +is2ualifi&ations to A&t as )uardian
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)eneral Indian Majority A&t, 9": )uardians and 4ards A&t, 9;< )uardian
A&&e1tan&e Se&tion ;
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Introdu&tion >istory Pro&edure for be&oming Certified )uardian Matters to be Considered in A11ointing )uardian 4hen )uardian should not be A11ointed )uardian of Person )uardian of Pro1erty Suit against )uardian ermination ermination of )uardianshi1
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(ibliogra1hy
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FAMILY LAW - II o o
4ebeogra1hy Statutes
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FAMILY LAW - II
INTRODUCTION GENERAL
In >indu La5, there are very fe5 te3ts &overing the field of guardianshi1 of minors. 8ing as parens patrie of patrie of /nglish La5 has been &onsidered to be the 1rote&tor of minor7s 1ro1erty. It is ordained@ he 6ing shall 1rote&t the inherited 1ro1erty and other of a minor, until he has returned Bfrom tea&her7s home or has &om1leted his edu&ation.D arada, ho5ever, ho5ev er, mentions the father, mother and elder brother as guardian of the minor in that order. he 6ing is em1o5ered to ta6e ste1s to 1rote&t the 1ro1erty of the minor but the te3ts do not allude to the guardianshi1 of 1erson of the minor . he 8arta of joint family enjoyed fairly 5ide 1o5ers, so obviously, minor7s interest in the joint family 1ro1erty 5as under the 1rote&tion and &are of the 8arta. After the death of the father, the seniormost male member be&ame 8arta, but the se1arate 1ro1erty of the minor Bas o11osed to joint family 1ro1erty 5as not under the &ontrol of 8arta, it 5as this 1ro1erty 1erha1s, 5hi&h the 6ing 5as enjoined to 1rote&t.! INDIAN MAJORITY ACT, 1875
Under the Age of Majority A&t 9":, every 1erson domi&iled in India shall attain the age of majority on &om1letion of 9 years and not before. he Indian Majority A&t 5as ena&ted in order to bring uniformity in the a11li&ability of la5s to 1ersons of different religions. Unless a 1arti&ular 1ersonal la5 s1e&ifies other5ise, every 1erson domi&iled in India is deemed to have attained majority u1on &om1letion of 9 years of age. >o5ever, in the &ase of a minor for 5hose 1erson or 1ro1erty, or both, a guardian has been a11ointed or de&lared by any &ourt of justi&e
Allahabad, 11. 9!'9$. 1 Sharma, +r. (asant 8., B!<<", “Hindu Law”, Central La5 Publi&ations, Allahabad, Id, 1. 9$. 2 Id, 1.
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FAMILY LAW - II before the age of 9 years, and in &ase of every minor the su1erintenden&e of 5hose 1 ro1erty has been assumed by the Court of 4ards, 4ards, age of majority 5ill 5ill be ! years and not 9.$ GUARDIANS AND WARDS ACT, 1890
he 1rin&i1le ena&tment on the subje&t of guardianshi1 guardianshi1 is the )uardians )uardians and 4ards ards A&t, 9;<, 5hi&h is a &onsolidating ena&tment and is intended to be a &om1lete &ode defining the rights and remedies of the guardians and 5ards. Se&tion 9 of that a&t, ho5ever, inter alia, saves the rights of a11ointment of guardians of minor &hildren under the >indu la5 and leaves unaffe&ted the 1referential &laims of guardians under that la5 a&&ording to 5hi&h the father is the natural guardian of the 1erson and the se1arate 1ro1erty of his minor &hildren and ne3t to him, the mother %. o5 for >indus, the la5 of guardianshi1 is 1rovided in the >indu Minority and )uardianshi1 A&t, ;:=. Although the A&t is an amending and &odifying statute, but it is not e3haustive on the subje&t relating to minority and guardianshi1 of >indus. It abrogates a ll rules of la5 a11li&able to >indus by virtue of any te3t, rule, &ustom or usage having for&e of la5. he 1rovisions of >indu Minority and )uardianshi1 A&t are &om1limentary to the A&t of 9;
indu Minority and )uardianshi1 A&t 5ould 1revail.: GUARDIAN
Clause Bb of se&tion % defines a Eguardian7, 5hi&h means a 1erson having the &are of the 1erson of a minor or of his 1ro1erty or of both his 1erson and 1ro1erty and an d i!"#$%& @ . A nat natur ural al gua guard rdia ian. n. !. A guardia guardian n a11ointed a11ointed by 5ill 5ill of the minor7s minor7s father or mother. mother. $. A guard guardian ian a11oi a11ointe nted d or de&lare de&lared d by the &ourt, &ourt, and and
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4 +esai, SA, “Mulla Principles of Hindu Law”, ; edn, Le3is e3is (utter5orths, e5 delhi.
5 Supra Note !.
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FAMILY LAW - II %. A 1erso 1erson n em1o em1o5er 5ered ed to a&t as su&h by or under under any ena&t ena&tme ment nt relat relatin ing g to any &ourts &ourts of 5ards=. )uardian is a 1erson having the &are of the 1erson of the minor or of his 1ro1erty or of both 1erson and 1ro1erty. It may be em1hasiFed that in modern la5, guardian e3ists essentially for the 1rote&tion and &are of the &hild and to loo6 after its 5elfare. his is e31ressed by saying that 5elfare of &hild is of 1aramount &onsideration. 4elfare in&ludes, both 1hysi&al and moral 5ell being. Under the luna&y la5 also, guardians &an be a11ointed for lunati&s or idiots even if they are majors. majors. here are also guardians guardians in litigation litigation 5ho are entrusted entrusted 5ith the duty of 1rote&ting 1rote&ting the interest of minor'1laintiff or minor'defendant. here are '() other ty1es of guardians e3isting under the >indu La5, a +e fa&to fa&to guardia guardians, ns, i.e., i.e., self self a11ointed a11ointed guardians. guardians. b )uardians by affinity, affinity, i.e., guardians of a minor 5ido5. 5ido5."
6 Supra Note , 1. 9:.
st
Modern Hindu Law”, ! edn, Allahabad La5 Agen&y, ?aridabad. 7 +i5an, +r. Paras B!<!, Modern
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FAMILY LAW - II
NATURAL NATURAL GUARDIAN GUARDI AN *ISTORY
Under the old >indu La5, there is no mention of natural guardian. 8ing 5as the su1reme guardian. It 5as during (ritish 1eriod that idea of natural guardianshi1 first of father and then of mother 5as develo1ed. (efore ;:=, the 1osition of father 5as su1erior and he &ould e3&lude even the mother by a11ointing a 1erson as guardian by ma6ing a 5ill9. PRESENT
Se&tion = of the >indu Minority and )uardianshi1 A&t re&ogniFes only three ty1es of natural guardian, i.e., father, mother and husband. )uardianshi1 being in the nature of a sa&red trust, so a natural guardian &annot, during his lifet lifetime ime,, substi substitut tutes es anothe anotherr in his#he his#herr 1la&e. 1la&e. 4here 4here he has in his dis&re dis&retio tion n entrus entrusted ted the edu&ation and &ustody of his &hildren to another, the authority &onferred is essentially revo&able. ?ather is the natural guardian of his minor legitimate &hildren, sons and daughters.D Se&tion $ of >indu Minority and )uardianshi1 A&t lays do5n that 5elfare of the minor is of 1aramount im1ortan&e and father7s right of guardianshi1 is subordinate to the 5elfare of the &hild;. In Narayan v. Suparna10, it 5as held that 5here the father is alive but he is non'fun&tioning natural natural guardia guardian, n, the mother mother &an a&t as the natura naturall guardia guardian. n. he Su1reme Su1reme Court in Githa Hariharan v. eser!e v. eser!e "an# of India and $andana $andana Shi!a v. %ayantha v. %ayantha "andhopadhyaya "andho padhyaya11 has held that 5here under &ir&umstan&es the mother has been held to be the natural guardian of the minor under &ertain &ir&umstan&es and the 5ord afterD has been inter1reted to mean in the absen&e 8 Supra Note , 1. 9:.
9 Supra Note ", 1. !:9
10 ;=9 Pat. $9
11 AI* ;;; SC %;
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FAMILY LAW - II ofD rather than after the life timeD. It is further held that absen&e 5ould mean absen&e of father from the &are of o f minor7s 1erson or 1ro1erty.! MOT*ER
he mother is the natural guardian of the minor illegitimate &hildren even if the father is alive. >o5ever, she is the natural guardian of her minor legitimate &hildren only if the father is dead or other5ise is in&a1able of a&ting as guardian. *emarriage of the mother 5ith a 1erson of different faith &annot dis2ualify her to be a guardian of her minor &hild, es1e&ially 5hen he is being loo6ed after e3tremely 5ell by the mother. Proviso to &lause Ba of se&tion = of >indu Minority and )uardianshi1 A&t lays do5n that E&ustody of a minor 5ho has not &om1leted the age of +i% shall ordinarily be 5ith the mother.7$ *USBAND
In some systems of la5, it is a &urious develo1ment that husband is &onsidered to be the natural guardian of his minor 5ife. Se&tion ; of the )uardian and 4ards A&t, 9;<, gave it statutory re&ognition by laying do5n that the &ourt &annot a11oint a guardian of a minor 5ife 5hose husband is not unfit. he >indu Minority and )uardianshi1 A&t, ;:=, also lays do5n that husband is the natural guardian of the 1erson and 1ro1erty of the minor 5ife. (ut the 5elfare of the minor is of 1aramount &onsideration.% GUARDIAN O- ILLEGITIMATE C*ILD
Clause Bb of se&tion = 1rovides that in &ase of an illegitimate &hild the mother and after her, the 1utative father shall be the natural guardian. GUARDIAN O- ADOPTED C*ILD 12 Supra Note ", 1. !:;
13 Supra Note ", 1. !:;.
14 Id , 1. !=<.
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FAMILY LAW - II Se&tion " of the a&t ma6es 1rovision that natural guardian of ado1ted son 5ould be ado1tive father and after him the ado1tive mother. Se&tion ! of the >indu Ado1tion and Ado1tion and Maintenan&e A&t, the ties of the natural 1arents are re1la&ed by those of ado1tive 1arents.: he term Eado1tive father7 and Eado1tive mother7 does not in&lude ste1 1arents. hus, 5here an unmarried 1erson ado1ts a &hild and subse2uently marries, his#her 5ife#husband 5ould be a ste1' 1arent and 5ould not be&ome natural guardian of the minor &hild. &hild.= DISUALI-ICATIONS TO ACT AS GUARDIAN
he dis2ualifi&ation due to 5hi&h a 1erson may be dis2ualified to a&t as a natural guardian@ / C)%&i C)%&i) ) ') ') /)'2 /)'2% % %"i3i %"i3i) ) G 1roviso Ba to se&tion = of the a&t of ;:=. 4 B% B%!) !)i i3 3 / S/ S/6/ 6/&i &i G 1roviso Bb to se&tion = of the a&t of ;:=. If a 1erson has &om1letely
and finally renoun&ed the 5orld by be&oming a hermit or an as&eti&, he 5ould be dis2ualified to a&t as a guardian. ! Mi)i'6 G Se&tion < of the a&t of ;:= 1rovides that a minor &annot a&t as a guardian of 1ro1erty of the minor. Se&tion ! of the )uardian and 4a 4ards rds A&t states that a minor is in&om1etent to a&t as guardian of any minor e3&e1t his 5ife or undivided >indu ?amily, the 5ife or the &hild of and other minor member of the family." In "udhi In "udhi %ena v. &ho'ai v. &ho'ai Nai# 1(, it 5as held that there is no &onfli&t bet5een the 1rovisions of se&tion ! of 9;< A&t and se&tion < of ;:= A&t. 4hile the former deals 5ith guardianshi1 in res1e&t of 1erson, the latter regarding that of 1ro1erty and therefore both 1rovisions &an &o'e3ist.
15 I'id)
16 Supra Note , 1. 9;
Id, 1. ;<. 17 Id, 1. 18 AI* ;:9 -ri "
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FAMILY LAW - II
TESTAMENTARY GUARDIAN (efore the statutory re&ognition of 5ills by the >indu 4ills A&t, 9"<, 5ills 5ere 1ra&ti&ally un6no un6no5n 5n to >indu >indus. s. (ut (ut the the fath father7 er7ss 1o5er 1o5er of a11o a11oin inti ting ng a test testam ament entar ary y guar guardi dian an 5as re&ogniFed and he &ould even e3&lude the mother from guardianshi1. Under the >indu Minority and )uardi )uardians anshi1 hi1 A&t, ;:=, ;:=, testam testament entary ary 1o5er 1o5er of a11oin a11ointin ting g a guardia guardian n has no5 been &onferred on both 1arents. estamentary )uardians find their 1la&e under se&tion ; of the above said a&t. ACCEPTANCE
It is ne&essary for the testamentary guardian to a&&e1t the guardianshi1. A&&e1tan&e may be e31ress or im1lied. A testamentary guardian may refuse to a&&e1t the a11ointment or may dis&laim dis&laim it, but on&e he a&&e1ts, a&&e1ts, he &annot refuse to a&t or resign e3&e1t 5ith the 1ermission 1ermission of the &ourt.; SECTION 9
Se&tion ; of the >indu Minority and )uardianshi1 A&t, ;:=, deals 5ith testamentary guardian and its 1o5ers. It reads as follo5s' B A >indu father entitled to a&t as the natural guardian of his minor legitimate &hildren may, by 5ill a11oint a11o int a guardian for any of them in res1e&t of the minorHs 1erson or in res1e&t of the minorHs 1ro1erty Bother than the undivided interest referred to in se&tion ! or in res1e&t of both. B! An a11ointment made under sub'se&tion B shall have not effe&t if the father 1rede&eases the mother, but shall revive if the mother dies 5ithout a11ointing, by 5ill, any 1erson as guardian. B$ A >indu 5ido5 entitled to a&t as the natural guardian of her minor legitimate &hildren, and a >indu mother entitled to a&t as the natural guardian of her minor legitimate &hildren by reason of the fa&t that the father has be&ome disentitled to a&t as su&h, may, by 5ill, a11oint a guardian for any of them in res1e&t of the minorHs 1erson or in res1e&t of the minorHs 1ro1erty Bother than the undivided interest referred to in se&tion ! or in res1e&t of both. B% A >indu mother entitled to a&t as the natural guardian of her minor illegitimate &hildren may 19 Supra Note ", 1. !=$
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FAMILY LAW - II by 5ill a11oint a11o int a guardian for any of them in res1e&t of the minorHs 1erson or in res1e&t of the minorHs 1ro1erty or in res1e&t of both. B: he guardian so a11ointed by 5ill has the right to a&t as the minorHs guardian after the death of the minorHs father or mother, as the &ase may be, and to e3er&ise all the rights of a natural guardian under this A&t to su&h e3tent and subje&t to su&h restri&tions, if any, as are s1e&ified in this A&t and in the 5ill. B= he right of the guardian so a11ointed by 5ill shall, 5here the minor is a girl, &ease on her marriage.D
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FAMILY LAW - II
GUARDIANS APPOINTED BY COURT INTRODUCTION
he guardians 5ho are a11ointed by the &ourt are &alled the &ertified guardians and are governed by the )uardian and 4ards A&t, 9;<. A&&ording to se&tion %B! of the said a&t, guardian means a 1erson having the &are of the 1erson of a minor or of his 1ro1erty or of both his 1erson and 1ro1ertyD. A&&ording to se&tion %B$ of the said a&t, 5ard means a minor for 5hose 1erson or 1ro1erty or both there is a guardianD. *ISTORY
Under the Shastric >indu La5, the su1reme jurisdi&tion in res1e&t of &hildren 5as vested in the 8ing. he 8ing, in e3er&ise of this 1o5er, 5as enjoined to a11oint nearest relations of the minor as guardian, 1referen&e being given to relations on 1aternal side over relations on maternal side. o5, this 1o5er is e3er&ised by &ourts under the )uardian and 4a 4ards rds A&t, 9;<. he >igh Courts also have inherent jurisdi&tion to a11oint guardians but this 1o5er is e3er&ised s1aringly. he >indu >indu Minori Minority ty and )uardi )uardians anshi1 hi1 A&t is su11le su11lemen mentar tary y to and not in derogat derogation ion to )uardians and 4ards A&t. he a11ointment of guardians of >indu &hildren is still regulated by the )uardians and 4ards A&t, 9;<. Under the A&t, the jurisdi&tion is &onferred on the +istri&t Court. he +istri&t Court may a11oint or de&lare any 1erson as the guardian 5henever it &onsiders it ne&essary in the 5elfare of the &hild. In a11ointing a guardian, the Court ta6es into &onsideration various fa&tors, in&luding the age, se3, 5ishes of the &hild, the 5ishes of the 1arents and 1ersonal la5 of the &hild. (ut before &ommitting &ustody to the mother, it is not ne&essary to give a finding that the father is unfit for the &ustody of the &hild. he 5elfare of the &hild is of 1aramount &onsideration. he +istri&t Court has the 1o5er to a11oint or de&lare a guardian in res1e&t of 1erson as 5ell as se1arate 1ro1erty of the minor. (ut it has no jurisdi&tion to a11oint a guardian of minor7s undivi undivided ded interest interest in the Mita#shara joint family 1ro1erty. >o5ever, if all &o1ar&eners are minors, the &ourt may a11oint a guardian in res1e&t of the entire joint family 1ro1erty. Su&h an a11ointment 5ill &ome to an end as soon as any one of them attains majority. )UA* )UA*+I +IA AS S APP APP-I -I /+ /+ (0 (0 C-U C-U* *
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FAMILY LAW - II he &hartered >igh Courts have inherent jurisdi&tion to a11oint guardians of the 1erson as 5ell as the 1ro1erty of minor &hildren. his 1o5er e3tends to the undivided interest of a &o1ar&ener. his is also the 1osition under se&tion !, >indu Minority and )uardianshi1 A&t. A&t.!< PROCEDURE -OR BECOMING CERTI-IED GUARDIAN
he a11ointment and de&laration of guardians to be a11ointed by the &ourt is dealt 5ith under &ha1te &ha1terr II of the )uardi )uardian an and 4ards ards A&t, A&t, 9;< 9;< titled titled,, A11oint A11ointment ment and +e&lar +e&larati ation on of )uardiansD. S%!'i) 7 of the said a&t &onfers a 1o5er on the &ourt to a11oint guardians and reads as follo5s@ B 4here the &ourt is satisfied that it is for the 5elfare of a minor that an order should be made' Ba a11ointing a guardian of his 1erson or 1ro1erty, or both, or Bb de&laring a 1erson to be su&h a guardian, the &ourt may ma6e an order a&&ordingly. B! An order under this se&tion shall im1ly the removal of any guardian 5ho has not been a11ointed by 5ill or other instrument or a11ointed or de&lared by the &ourt. B$ 4here a guardian has been a11ointed by 5ill or other instrument or a11ointed or de&lared by the &ourt, an order under this se&tion a11ointing or de&laring another 1erson to be guardian in his stead shall not be made until the 1o5ers of the guardian a11ointed or de&lared as aforesaid have &eased under the 1rovisions of this A&t.D o5 the 2uestion arises 5ho &an a11ly for guardianshi1 and it has been referred to in the &%!'i) 8 of the said a&t and it reads as follo5s@
An order shall not be made under the last foregoing se&tion e3&e1t on the a11li&ation of ' Ba the 1erson desirous of being, or &laiming to be, the guardian of the minor or Bb any relative or friend of the minor or B& the Colle&tor of the distri&t or other lo&al area 5ithin 5hi&h the minor ordinarily resides or in 5hi&h he has 1ro1erty or Bd the Colle&tor having authority 5ith res1e&t to the &lass to 5hi&h the minor belongs.D
20 Supra Note ", 1. !"<.
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FAMILY LAW - II e3t it has to be de&ided 5hi&h &ourt has the jurisdi&tion to entertain a11li&ation or not and it has been given under &%!'i) 9 of the said a&t 5hi&h reads as follo5s@ B If the a11li&ation is 5ith res1e&t to the guardianshi1 of the 1erson of the minor, it shall be made to the +istri&t Court having jurisdi&tion in the 1la&e 5here the minor ordinarily resides. B! If the a11li&atio a11li&ation n is 5ith res1e&t to the guardianshi guardianshi1 1 of the 1ro1erty 1ro1erty of the minor, it may be made either to the +istri&t Court having jurisdi&tion in the 1la&e 5here the minor ordinarily resides, or to a +istri&t Court having jurisdi&tion in a 1la&e 5he re he has 1ro1erty. B$ If an a11li&ation 5ith res1e&t to the guardianshi1 of the 1ro1erty of a minor is made to a +istri&t Court other than that having jurisdi&tion in the 1la&e 5here the minor ordinarily resides, the &ourt may return return the a11li&ation a11li&ation if in its o1inion o1inion the a11li&ation a11li&ation 5ould be dis1osed of more justly or &onveniently by any other +istri&t Court having jurisdi&tion.D jurisdi&tion.D follo5s@ S%!'i) 10 1res&ribes the form of a11li&ation 5hi&h is as follo5s@ B If the a11li&ation is not made by the Colle&tor, it shall be by 1etition signed and verified in manner 1res&ribed by the Code of Civil Pro&edure, 99! B% of 99!", for the signing and verifi&ation of a 1laint, and stating, so far as &an be as&ertained,' Ba the name, se3, religion, date of birth and ordinary residen&e of the minor Bb 5here the minor is a female, 5hether she is married, and if so, the name and age of her husband B& the nature, situation and a11ro3imate value va lue of the 1ro1erty, if any, of the minor Bd the name and residen&e of the 1erson having the &ustody or 1ossession of the 1erson or 1ro1erty of the minor Be 5hat near relations the minor has, and 5here they reside Bf 5hether a guardian of the 1erson or 1ro1erty or both, of the minor has been a11ointed by any 1erson entitled or &laiming to be entitled by the la5 to 5hi&h the minor is subje&t to ma6e su&h an a11ointment Bg 5hether an a11li&ation has at any time been made to the &ourt or to any other &ourt 5ith res1e&t to the guardianshi1 of the 1erson or 1ro1erty or both, of the minor, and if so, 5hen, to 5hat &ourt and 5ith 5hat result
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FAMILY LAW - II Bh 5hether the a11li&ation is for the a11ointment or de&laration of a guardian of the 1erson of the minor, or of his 1ro1erty, or of both Bi 5here the a11li&ation is to a11oint a guardian, the 2ualifi&ations of the 1ro1osed guardian Bj 5here the a11li&ation is to de&lare a 1erson to be a guardian, the grounds on 5hi&h that 1erson &laims B6 the &auses 5hi&h have led to the ma6ing of the a11li&ation and Bl su&h other 1arti&ulars, if any, as may be 1res&ribed or as the nature of the a11li&ation renders it ne&essary to state. B! If the a11li&ation is made by the Colle&tor, it shall be by letter addressed to the &ourt and for5arded by 1ost or in su&h other manner as may be found &onvenient, and shall state as far as 1ossible the 1arti&ulars mentioned in sub'se&tion B. B$ he a11li&ation must be a&&om1anied by a de&laration of the 5illingness of the 1ro1osed guardian to a&t, and the de&laration must be signed by him and attested by at least t5o 5itnesses.D S%!'i) 11 of the above said a&t e31lains the 1ro&edure on admission of a11li&ation 5hi&h reads
as follo5s@ B If the Court is satisfied satisfied that there is ground for 1ro&eeding 1ro&eeding on the a11li&ation, a11li&ation, it shall fi3 a day for the hearing thereof, and &ause noti&e of the a11li&ation and of the date fi3ed for the hearing' Ba to be served in the manner dire&ted in the Code of Civil Pro&edure,99!B% of 99! on' Bi the 1arents of the minor if they are residing in any State to 5hi&h this A&t e3tends Bii the 1erson, if any, named in the 1etition or letter as having the &ustody or 1ossession of the 1erson or 1ro1erty of the minor Biii the 1erson 1ro1osed in the a11li&ation or letter to be a11ointed or de&lared guardian, unless that 1erson is himself the a11li&ant and Biv any other 1erson to 5hom, in the o1inion of the &ourt s1e&ial noti&e of the a11li&ant should be given and
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FAMILY LAW - II Bb to be 1osted on some &ons1i&uous 1art of the &ourt'house and of the residen&e of the minor, and other5ise 1ublished in su&h manner as the &ourt, subje&t to any rules made by the >igh Court under this A&t, thin6s fit. B! he State )overnment may, by general or s1e&ial order, re2uire that 5hen any 1art of the 1ro1erty des&ribed in a 1etition under se&tion <, sub'se&tion B, is land of 5hi&h a Court of 4ards &ould assume the su1erintenden&e, the &ourt shall also &ause a noti&e as aforesaid to be served on the Colle&tor in 5hose distri&t the minor ordinarily resides and on every Colle&tor in 5hose distri&t any 1ortion of the land is situate, and the Colle&tor may &ause the noti&e to be 1ublished in any manner he deems fit. B$ o &harge shall be made by the &ourt or the Colle&tor for the servi&e or 1ubli&ation of any noti&e served or 1ublished under sub'se&tion B!.D S%!'i) 1 of the a&t gives the 1o5er to the &ourt to ma6e interlo&utory order for 1rodu&tion of
minor and interim 1rote&tion of 1erson and 1ro1erty 5hi&h reads as follo5s@ B he &ourt may dire&t that the 1erson, if any, having the &ustody of the minor, shall 1rodu&e him or &ause him to be 1rodu&ed at su&h 1la&e and time and before su&h 1erson as it a11oints, and may ma6e su&h order for the tem1orary &ustody and 1rote&tion of the 1erson or 1ro1erty of the minor as it thin6s 1ro1er. B! If the minor is a female 5ho ought not to be &om1elled to a11ear in 1ubli&, the dire&tion under subse&tion B for her 1rodu&tion shall re2uire her to be 1rodu&ed in a&&ordan&e 5ith the &ustoms and manners of the &ountry. B$ othing in this se&tion shall authorise' Ba the &ourt to 1la&e a female minor in the tem1orary &ustody of a 1erson &laiming to be her guardian on the ground of his being her husband, unless she is already in his &ustody 5ith the &onsent of her 1arents, if any, or Bb any 1erson to 5hom the tem1orary &ustody and 1rote&tion of the 1ro1erty of a minor is entrusted to dis1ossess other5ise than by due &ourse of la5 any 1erson in 1ossession of any of the 1ro1erty.D 1ro1erty.D S%!'i) 1 of the said a&t tal6s about eviden&e hearing and the same reads as follo5s@
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FAMILY LAW - II -n the day fi3ed for the hearing of the a11li&ation or as soon after5ards as may be, the &ourt shall hear su&h eviden&e as may be addu&ed in su11ort of or in o11osition to, the a11li&ation.D S%!'i) 1 deals 5ith stay of 1ro&eedings and is titled as ESimultaneous 1ro&eedings in different
&ourts7 5hi&h 5hi&h reads as follo5s@ B If 1ro&eedings for the a11ointment or de&laration of a guardian of a minor are ta6en in more &ourts than one, ea&h of those &ourts shall, on being a11rised of the 1ro&eedings in the other &ourt or &ourts, stay the 1ro&eedings before itself. B! If the &ourts are both or all subordinate to the same >igh Court, they shall re1ort the &ase to the >igh Court, and the >igh Court shall determine in 5hi&h of the Courts the 1ro&eedings 5ith res1e&t to the a11ointment or de&laration of a guardian of the minor shall be had. B$ In any other &ase in 5hi&h 1ro&eedings are stayed under sub'se&tion Bl, the &ourt shall re1ort the &ase to, and be guided by su&h orders as they may re&eive from their res1e&tive State )overnments.D S%!'i) 15 deals 5ith the de&laration de&laration and a11ointment a11ointment of several guardians and the same reads
as follo5s@ B If the la5 to 5hi&h the minor is subje&t admits of his having t5o or more joint guardians of his 1erson or 1ro1erty or both, the &ourt may, if it thin6s fit, a11oint or de&lare them. B% Se1arate guardians may be a11ointed or de&lared of the 1erson and of the 1ro1erty of a minor. B: If a minor has several 1ro1erties, the &ourt may, if it thin6s fit, a11oint or de&lare a se1arate guardian for any one or o r more of the 1ro1erties.D S%!'i) 1 deals 5ith a11ointment or de&laration of guardian for 1ro1erty beyond jurisdi&tion of
the &ourt 5hi&h reads as follo5s@ If the &ourt a11oints or de&lares a guardian for any 1ro1erty situate beyond the lo&al limits of its jurisdi&tion, the Court having jurisdi&tion in the 1la&e 5here the 1ro1erty is situate shall, on 1rodu&tion of a &ertified &o1y of the order a11ointing or de&laring the guardian a&&e1t him as duly a11ointed or de&lared and an d give effe&t to the order.D
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FAMILY LAW - II MATTERS MATTERS TO BE CONSIDERED IN APPOINTING GUARDIAN
his has been listed in &%!'i) 17 of the )uardian and 4ards A&t and the said 1rovision reads as follo5s@ B In a11ointing or de&laring the guardian of a minor, the &ourt shall, subje&t to the 1rovisions of this se&tion, be guided by 5hat, &onsistently 5ith the la5 to 5hi&h the minor is subje&t, a11ears in the &ir&umstan&es to be for the 5elfare of the minor. B! In &onsidering 5hat 5ill be for the 5elfare of the minor, the &ourt shall have regard to the age, se3 and religion of the minor, the &hara&ter and &a1a&ity of the 1ro1osed guardian and his nearness of 6in to the minor, the 5ishes, if any, of a de&eased 1arent, and any e3isting or 1revious relations of the 1ro1osed guardian 5ith the minor or his 1ro1erty. 1ro1erty. B$ If minor is old enough to form an intelligent 1referen&e, the &ourt may &onsider that 1referen&e. B: he &ourt shall not a11oint or de&lare an y 1erson to be a guardian against his 5ill.D W*EN GUARDIAN S*OULD NOT BE APPOINTED S%!'i) 19 of the a&t lays do5n the &onditions 5hen the guardian should not be a11ointed and it
is as follo5s@ othing in this Cha1ter shall authorise the &ourt to a11oint or de&lare a guardian of the 1ro1erty of a minor 5hose 1ro1erty is under the su1erintenden&e of a Court of 4ards or to a11oint or de&lare a guardian of the 1erson' Ba of a minor 5ho is married female and 5hose husband is not, in the o1inion of &ourt, unfit to be guardian of her 1erson or Bb of a minor 5hose father is living and is not in the o1inion of the &ourt, unfit to be guardian of the 1erson of the minor or B& of a minor 5hose 1ro1erty is under the su1erintenden&e of a Court of 4ards &om1etent to a11oint a guardian of the 1erson of the minor.D
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FAMILY LAW - II GUARDIAN O- PERSON
he 1rovisions 1rovisions regarding regarding a &ertified &ertified guardian guardian of 1erson are given in &%!'i) ') of the )uardian and 4ards A&t, 9;<. hese deal 5ith the 1o5ers as 5ell as duties of the guardian of 1erson also. S%!'i) lays do5n the duties of guardian of 1erson and these are as follo5s@
A guardian of the 1erson of a 5ard is &harged 5ith the &ustody of the 5ard and must loo6 to his su11ort, health and edu&ation, and su&h other matters as the la5 to 5hi&h the 5ard is subje&t re2uires.D S%!'i) 5 lays do5n the title of guardian to &ustody &u stody of 5ard and it reads as follo5s@
B If a 5ard leaves or is removed from the &ustody of a guardian of his 1erson, the &ourt, if it is of o1inion that it 5ill be for the 5elfare of the 5ard to return to the &ustody of the guardian, may ma6e an order for his return and for the 1ur1ose of enfor&ing the order may &ause the 5ard to be arrested and to be delivered into the &ustody of the guardian. B! ?or the 1ur1ose of arresting the 5ard, the &ourt may e3er&ise the 1o5er &onferred on a Magistrate of the first &lass by se&tion << of the Code of Criminal Pro&edure, 99! B< of 99!. B$ he residen&e of a 5ard against the 5ill of his guardian 5ith a 1erson 5ho is not his guardian does not of itself terminate the guardianshi1.D S%!'i) lays do5n the situation of removal of 5ard from jurisdi&tion and it reads as follo5s@
B A guardian of the 1erson a11ointed or de&lared by the &ourt , unless he is the Colle&tor or is a guardian a11ointed by 5ill or other instrument, shall not, 5ithout the leave of the &ourt by 5hi&h he 5as a11ointed or de&lared, remove the 5ard from the limits of its jurisdi&tion e3&e1t for su&h 1ur1oses as may be 1res&ribed. B! he leave granted by the &ourt under sub'se&tion Bl may be s1e&ial or general and may be defined by the order granting it.D
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FAMILY LAW - II GUARDIAN O- PROPERTY
he 1rovisions regarding a &ertified guardian of 1ro1erty are given in &%!'i) 7 ') of the )uardi )uardian an and 4ards ards A&t, 9;< e3&e1t &%!'i) 8 5hi&h deals 5ith 1o5ers of testamentary guardian. hese deal 5ith the 1o5ers and duties of the guardian of 1ro1erty also. S%!'i) 7 lays do5n the duties of guardian of 1ro1erty and these are as follo5s@
A guardian of the 1ro1erty of a 5ard is bound to deal there5ith as &arefully as a man of ordinary 1ruden&e 5ould deal 5ith it, if it 5ere his o5n and subje&t to the 1rovisions of this Cha1ter, he may do all a&ts 5hi&h are reasonable and 1ro1er for the realisation, 1rote&tion or benefit of the 1ro1erty.D 1ro1erty.D S%!'i) 9 im1oses a limitation on the 1o5ers of guardian of 1ro1erty a11ointed or de&lared by
the &ourt and thereby reads as follo5s@ 4here a 1erson other than a Colle&tor, or than a guardian a11ointed by 5ill or other instrument, has been a11ointed or de&lared by the &ourt to be guardian of the 1ro1erty of a 5ard, he shall not 5ithout the 1revious 1ermission of the &ourt, ' Ba Ba mort mortga gage ge or &harg &harge, e, or tran transf sfer er by sale sale,, gift gift,, e3&h e3&hang angee or othe other5 r5is ise, e, any 1art 1art of the the immovable 1ro1erty of his 5ard, or Bb lease any 1art of that 1ro1erty for a term e3&eeding five years or for any term e3tending more than one year beyond the date on 5hi&h the 5ard 5ill &ease to be a minor.D S%!'i) 0 e31lains the situations of voidability of voidability of transfers and is as follo5s@
A dis1osal of immovable 1ro1erty by a guardian in &ontravention of either of the t5o last foregoing se&tions is voidable at the instan&e of any other 1erson affe&ted thereby.D S%!'i S%!'i) ) 1 lays do5n the 1ra&ti&e 5ith res1e&t to 1ermitting transfers under se&tion !; and
thereby is as follo5s@ B Permission to the guardian to do any of the a&ts mentioned in se&tion !; shall not be granted by the &ourt e3&e1t in &ase of ne&essity or for an evident advantage to the 5ard. B! he order granting the 1ermission shall re&ite the ne&essity or advantage, as the &ase may be, )UA* )UA*+I +IA AS S APP APP-I -I /+ /+ (0 (0 C-U C-U* *
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FAMILY LAW - II des&ribe the 1ro1erty 5ith res1e&t to 5hi&h that a&t 1ermitted is to be done, and s1e&ify su&h &onditions, if any, as the &ourt may see fit to atta&h to the 1ermission and it shall be re&orded, dated and signed by the Judge of the &ourt 5ith his o5n hand, or, 5hen from any &ause he is 1revented from re&ording the order o rder 5ith his o5n hand, shall be ta6en do5n in 5riting from his di&tation and be dated and signed by him. B$ he &ourt may in its dis&retion atta&h to the 1 ermission the follo5ing among other &onditions, namely,' Ba that a sale shall not be &om1leted 5ithout the san&tion of the &ourt &ou rt Bb that a sale shall be made to the highest bidder by 1ubli& au&tion before the &ourt or some 1erson s1e&ially a11ointed a11 ointed by b y the &ourt for that 1ur1ose, at a t a time and an d 1la&e to be s1e&ified by the &ourt, after su&h 1ro&lamation of the intended sale as the &ourt subje&t to any rules made under this A&t by the >igh Court, dire&ts B& that a lease shall not be made in &onsideration of a 1remium or shall be made for su&h term of years and subje&t to su&h rents and &ovenants as the &ourt dire&ts Bd that the 5hole or any 1art of the 1ro&eeds of that a&t 1ermitted shall be 1aid into the &ourt by the guardian, to be disbursed there from or to be invested by the &ourt on 1res&ribed se&urities or to be other5ise dis1osed of as the & ourt dire&ts. B% (efore granting 1ermission to a guardian to do an a&t mentioned in se&tion !;, the &ourt may &ause noti&e of the a11li&ation for the 1ermission to be given to any relative or friend of the 5ard 5ho should, in its o1inion, re&eive noti&e thereof, and shall hear and re&ord the statement of any 1erson 5ho a11ears in o11osition to the a11li&ation.D S%!'i) deals 5ith the variation of 1o5ers of guardian of 1ro1erty a11ointed or de&lared by
the &ourt and reads as follo5s@ 4here a guardian of the 1ro1erty of a 5ard has been a11ointed or de&lared by the &ourt and su&h guardian is not the Colle&tor, the &ourt may, from, time to time, by order, define, restri&t or e3tend his 1o5ers 5ith res1e&t to the 1ro1erty of the 5ard in su&h manner and to su&h e3tent as it may &onsider to be for the advantage of the 5ard and &onsistent 5ith the la5 to 5hi&h the 5ard is subje&t.D
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FAMILY LAW - II S%!'i S%!'i) ) deals 5ith the right of guardian a11ointed or de&lared to a11ly to the &ourt for
o1inion in management of 1ro1erty of o f 5ard and it reads as follo5s@ B A guardian a11ointed or de&lared by the &ourt may a11ly by 1etition to the &ourt 5hi&h a11ointed or de&lared him for its o1inion, advi&e or dire&tion on any 1resent 2uestion res1e&ting the management or administration of the 1ro1erty of his 5a rd. B! If the &ourt &onsiders the 2uestion to be 1ro1er for summary dis1osal, it shall &ause a &o1y of the 1etition to be served on, and the hearing thereof may be attended by, su&h of the 1ersons, interested in the a11li&ation as the &ourt thin6s fit. B$ he guardian stating in good faith the fa&ts in the 1etition and a&ting u1on the o1inion, advi&e or dire&tion given by the &ourt shall be deemed, so far as regards his o5n res1onsibility, to have 1erformed his duty as guardian in the subje&t' matter of the a11li&ation.D S%!'i) deals 5ith the obligations on guardian of 1ro1erty a11ointed or de&lared by the &ourt
and the same is as follo5s@ 4here a guardian of the 1ro1erty of a 5ard has been a11ointed or de&lared by the Court and su&h guardian is not the Colle&tor, he shall' Ba if so re2uired by the &ourt, give a bond, as nearly as may be in the 1res&ribed form, to the Judge of the &ourt to ensure for the benefit of the Judge for the time being, 5ith or 5ithout sureties, as may be 1res&ribed engaging duly to a&&ount for 5hat he may re&eive in res1e&t of the 1ro1erty of the 5ard Bb if so re2uired by the &ourt, deliver to the &ourt, 5ithin si3 months from the date of his a11ointment or de&laration by the &ourt, or 5ithin su&h other time as the &ourt dire&ts, a statement of the immovable 1ro1erty belonging to the 5ard, of the money and other movable 1ro1erty 5hi&h he has re&eived on o n behalf of the 5ard u1 to the date of delivering the statement, and of the debts due on that date to or from the 5ard B& if so re2uired by the &ourt, e3hibit his a&&ounts in the &ourt at su&h times and in su&h form as the &ourt from time to time dire&ts Bd if so re2uired by the &ourt, 1ay into the &ourt at su&h time as the &ourt dire&ts the balan&e due from him on those a&&ounts, or so mu&h thereof as the &ourt dire&ts and
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FAMILY LAW - II Be a11ly for the maintenan&e, edu&ation and advan&ement of the 5ard and of su&h 1ersons as are de1endent on him, and for the &elebration of &eremonies to 5hi&h the 5ard or any of those 1ersons may be a 1arty, su&h su&h 1ortion of the in&ome, of the 1ro1erty of the 5ard as the &ourt from time to time dire&ts, and, if the &ourt so dire&ts, the 5hole or any 1art of that 1ro1erty. S%!'i) A gives a 1o5er to a5ard remuneration for auditing a&&ounts and it reads as follo5s@
4hen a&&ounts are e3hibited by a guardian of the 1ro1erty of a 5ard in 1ursuan&e of a re2uisition made under &lause B& of se&tion $% or other5ise, the &ourt may a11oint a 1erson to audit the a&&ounts, and may dire&t that remuneration for the 5or6 be 1aid out of the in&ome of the 1ro1erty.D 1ro1erty.D SUIT AGAINST GUARDIAN
he 1rovisions regarding the suit against &ertified guardian are laid do5n under se&tion $: to $" of the )uardian and 4ards A&t. S%!'i) 5 deals 5ith the suit against guardian 5here administration bond 5as ta6en and hereby
reads as follo5s@ 4here a guardian a11ointed or de&lared by the &ourt has given a bond duly to a&&ount for 5hat he may re&eive in res1e&t of the 1ro1erty of his 5ard, the &ourt may on a11li&ation made by 1etition and on being satisfied that the engagement of the bond has not been 6e1t, and u1on su&h terms as to se&urity, or 1roviding that any money re&eived be 1aid into the &ourt, or other5ise as the &ourt thin6s fit, assign the bond to some 1ro1er 1erson, 5ho shall thereu1on be entitled to sue on the bond in his o5n name as if the bond had been originally given to him instead of to the Judge of the Court, and shall be entitled to re&over thereon, as trustee for the 5ard, in res1e&t of any brea&h thereof.D S%!'i) S%! 'i) deals 5ith the suit against guardian 5here administration bond 5as not ta6en and
hereby reads as follo5s@ B 4here a guardian a11ointed or de&lared by the &ourt has not given a bond as aforesaid, any 1erson, 5ith the leave of the &ourt, may, as ne3t friend, at anytime an ytime during the &ontinuan&e of the
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FAMILY LAW - II minority of the 5ard, and u1on su&h terms as aforesaid, institute a suit against the guardian, or, in &ase of his death, against his re1resentative, for an a&&ount of 5hat the guardian has re&eived in res1e&t of the 1ro1erty of the 5ard, and may re&over in the suit, as trustee for the 5ard, su&h amount as may be found to be 1ayable by the guardian or his re1resentative, as the &ase may be. B! he 1rovisions of sub'se&tion B shall, so far as they relate to a suit against a guardian, be subje&t to the 1rovisions of se&tion %%< of the Code of Civil Pro&edure as amended by this A&t, 99! B% of 99!.D S%!'i) 7 lays do5n the general liability of guardian as trustee and reads as follo5s@
othing in either of the t5o last foregoing se&tions shall be &onstrued to de1rive a 5ard or his re1resentative of any remedy against his guardian, or the re1resentative of the guardian, 5hi&h, not not bein being g e31r e31res essly sly 1rov 1rovid ided ed in eith either er of thos thosee se&t se&tio ions ns,, any other other benef benefi& i&ia iary ry or his his re1resentative 5ould have against his trustee or the re1resentative of the trustee.D TERMINATION TERMINATION O- GUARDIANS*IP
he 1rovisions relating to the termination of guardianshi1 are laid do5n under S%!'i) 8 ') of the )uardian and 4ards A&t. S%!'i) 8 deals 5ith the right of survivorshi1 among joint guardians and it is as follo5s@
-n the death of one of t5o or more joint guardians, the guardianshi1 &ontinues to the survivor or survivors, until a further a11ointment is made by the &ourt.D S%!'i) 9 deals 5ith removal of guardian and the 1rovision is as follo5s@
he &ourt may, on the a11li&ation of any 1erson interested, or of its o5n motion, remove a guardian a11ointed or de&lared by the &ourt, or a guardian a11ointed by 5ill or other instrument, for any of the follo5ing &auses, namely,' Ba for abuse of his trust. Bb for &ontinued failure to 1erform the duties of his trust B& for in&a1a&ity to 1erform the duties of his trust Bd for ill'treatment, or negle&t to ta6e 1ro1er &are, of his 5ard
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FAMILY LAW - II Be for &ontuma&ious disregard of any 1rovision of this A&t or of any order of the &ourt Bf for &onvi&tion of an offen&e im1lying, in the o1inion of the &ourt, a defe&t of &hara&ter 5hi&h unfits him to be guardian of his 5ard Bg for having an interest adverse to the faithful 1erforman&e of his duties Bh for &easing to reside 5ithin the lo&al limits of the jurisdi&tion of the &ou rt Bi in the &ase of a guardian of the 1ro1erty, of ban6ru1t&y or insolven&y Bj by reason of the guardianshi1 of the guardian &easing, or being liable to &ease, under the la5 to 5hi&h the minor is subje&t@ P*-I+/+ that a guardian a11ointed by 5ill or other instrument, 5hether he has been de&lared under this A&t or not, shall not be removed' Ba for the &ause mentioned in &lause Bg unless the adverse interest a&&rued after the death of the 1erson 5ho a11ointed him, or it is sho5n that the 1erson made and maintained the a11ointment in ignoran&e of the e3isten&e of the adverse interest, or Bb for the &ause mentioned in &lause Bh unless su&h guardian has ta6en u1 su&h a residen&e as, in the o1inion of the &ourt, renders it im1ra&ti&able for him to dis&harge the fun&tions of guardian.D S%!'i) 0 lays do5n the situation of dis&harge of guardian and is as follo5s@
B If a guardian a11ointed or de&lared by the &ourt desires to resign his offi&e, he may a11ly to the &ourt to be dis&harged. B! If the &ourt finds that there is suffi&ient reason for the a11li&ation, it shall dis&harge him, and if the guardian ma6ing the a11li&ation is the Colle&tor and the State )overnment a11roves of his a11lying to be dis&harged, the &ourt shall in any &ase dis&harge him.D S%!'i) 1 lays do5n the situation of &essation of &essation of authority of guardian and reads as follo5s@
B he 1o5ers of a guardian of the 1erson &ease' Ba by his death, removal or dis&harge d is&harge Bb by the Court of 4ards 4ards assuming su1erintenden&e of the 1erson of the 5ard B& by the 5ard &easing to be a minor Bd in the &ase of a female 5ard, by her marriage to a husband 5ho is not unfit to be guardian of her 1erson or, if the guardian 5as a11ointed or de&lared by the &ourt, by her marriage to a )UA* )UA*+I +IA AS S APP APP-I -I /+ /+ (0 (0 C-U C-U* *
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FAMILY LAW - II husband 5ho is not, in the o1inion of the &ourt, so unfit or Be in the &ase of a 5ard 5hose father 5as unfit to be guardian of the 1erson of the 5ard, by the father &easing to be so or, if the father 5as deemed by the &ourt to be so unfit, by his &easing to be so in the o1inion of the &ourt. B! he 1o5ers of a guardian of the 1ro1erty &ease' Ba by his death, removal or dis&harge d is&harge Bb by the Court of 4ards 4ards assuming su1erintenden&e of the 1ro1erty of the 5ard or B& by the 5ard &easing to be a minor. B$ 4hen for any &ause the 1o5ers of a guardian &ease , the &ourt may re2uire him or, if he is dead, his re1resentative to deliver as it dire&ts any 1ro1erty in his 1ossession or &ontrol belonging to the 5ard or any a&&ounts a& &ounts in his 1ossession or &ontrol relating to any 1ast o r 1resent 1ro1erty of the 5ard. B% 4hen he has delivered the 1ro1erty or a&&ounts as re2uired by the &ourt , the &ourt may de&l de&lar aree him him to be dis& dis&ha harg rged ed from from his his liabi liabili liti ties es save save as regar regards ds any frau fraud d 5hi& 5hi&h h may subse2uently be dis&overed.D S%!'i) deals 5ith the a11ointment of su&&essor to guardian dead, dis&harged or removed and
it reads as follo5s@ 4hen a guardian a11ointed or de&lared by the &ourt is dis&harged, or, under the la5 to 5hi&h the 5ard is subje&t, &eases to be entitled to a&t, or 5hen any su&h guardian or a guardian a11ointed by 5ill or other instrument is removed or dies, the &ourt, of its o5n motion or on a11li&ation under Cha1ter II, may, if the 5ard is still a minor, a11oint or de&lare another guardian of his 1erson or 1ro1erty, or both, as the &ase may be.D
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FAMILY LAW - II
RE-ERENCES
BIBLIOGRAP*Y
. +esai, S A, A, “Mulla “Mulla Princi Principle pless of Hindu Hindu Law”, Law”, ;th edn, Le3is e3is (utter5orths, e5 +elhi. !. +i5a +i5an, n, +r. +r. Para Parass B!<! B!<!, , Modern Hindu Law”, !st edn, Allahabad La5 Agen&y, ?aridabad. $. Sharma, Sharma, +r. +r. (asa (asant nt 8., 8., B!<< B!<<", ", “Hindu Law”, Central La5 Publi&ations, Allahabad.
WEBEOGRAP*Y
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STATUTES
. )uardia )uardian n and 4ards A&t, A&t, 9;<. 9;<. !. >indu >indu Minori Minority ty and )uard )uardian ianshi shi1 1 A&t, A&t, ;:=. ;:=. 3.
>indu Ado1tion and Maintenan&e A&t, 9:=.
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