Appointment Of Guardian Of Minor

Where the court is satisfied that it is for the welfare of a minor that an order should be made appointing a guardian of his person or property or both, the court may make an order under the Guardians and Wards Act, 1890, appointing a guardian. In appointing or declaring a person as the guardian of a minor the welfare of the minor shall be the paramount consideration. Section 13 of the Hindu Minority and Guardianship Act, 1956 says:

(1) In the appointment or declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration.

(2) No person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law, relating to guardianship in marriage among Hindus, if the court is of the opinion that his or her guardianship will not be for the welfare of the minor.

In considering as to what will be for the welfare of the minor, the court shall have regard to the age and sex of the minor; the character and capacity of the proposed guardian and his nearness of kins to the minor ; the wishes, if any, of a deceased parent; and any existing or previous relations of the proposed guardian with the minor or his property. If the minor be old enough to form an intelligent preference, the court may consider that preference.

In case of S.L. Mohini v. Virendra Kumar (AIR 1977 S.C. 1389), the Supreme Court held that the welfare of the minor is the supreme consideration for the court. Where the decree of divorce has been passed between husband and wife the interest and welfare of the child is of utmost importance of the court.

The question of appointment by the court, of a guardian can be considered on the application of :-

(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 other local area in which-

(a) the minor ordinarily resides; or

(b) the minor holds property; or

(4) if the minor belongs to a class, the Collector who has authority with respect to that class.