The Guardians and Wards Act

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Description
Perhaps one of the most burning issues of the day is the guardianship and custody of a child that comes up in almost every matrimonial dispute. In our country mothers are naturally favoured for legal custody of a child but the court's intention is to serve the best interest of the child. So guardianship and custody of a child should be granted to the parent who seems to be the most fit for development of the child both physically & mentally and who has better financial security.
Critical analysis : The laws governing custody of child and guardianship in our country are the Guardians and Wards Act and the Hindu Minority and Guardianship Act. In the instant edition of the work, provisions relating to appointment of guardian of the person and property of a minor, powers and duties of the guardians appointed by the court and removal and discharge of a guardian have been discussed in detail. In the statute father has been given primacy over mother regarding natural guardianship and mother may be declared as natural guardian after father. The critical analysis of the words "after father" has been made in the light of the apex court's decision. Floodlight is focussed on all the provisions relating to the three types of guardians, viz. natural guardian, guardian appointed by court and testamentary guardian.
Issues and problems : Justice, court and law—all are trying to give a fair charter for the children. Keeping pace with this intention of legislature and judiciary, the work deals with wide ramifications. Appointment of guardian, jurisdiction, custody, legitimising an illegitimate child, inter-country adoption, transfer of minor's property, surrogate mother, termination of guardianship are some of the commonly faced issues and problems which have received proper treatment. The instant edition seems to be the surest index of a mature and developed thinking with regard to the legal position, apart from being a comprehensive account of the subject.
Highlights
•    Appointment of guardian
•    Cross-country adoption
•    Alienation of minor's property
•    Preferential rights of services
•    Right of surrogate mother
•    Welfare of minor is paramount consideration
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Contents
Introduction
Chapter 1 - Preliminary
1.    Title, extent and commencement
2.    [Repealed]
3.    Saving of jurisdiction of Courts of Wards and Chartered High Courts
4.    Definitions
4A. Power to confer jurisdiction on subordinate judicial officers and to transfer
       proceedings to such officers
Chapter 2 - Appointment and Declaration of Guardians
5.    Power of parents to appoint in case of European British subjects [Repealed]
6.    Saving of power to appoint in other cases
7.    Power of the Court to make order as to guardianship
8.    Persons entitled to apply for order
9.    Court having jurisdiction to entertain application
10.  Form of application
11.  Procedure on admission of application
12.  Power to make interlocutory order for production of minor and interim
       protection of person and property
13.  Hearing of evidence before making of order
14.  Simultaneous proceedings in different Courts
15.  Appointment or declaration of several guardians
16.  Appointment or declaration of guardian for property beyond jurisdiction of the Court
17.  Matters to be considered by the Court in appointing guardian
18.  Appointment or declaration of Collector in virtue of office
19.  Guardian not to be appointed by the Court in certain cases
Chapter 3 - Duties, Rights and Liabilities of Guardians
General
20.  Fiduciary relation of guardian to ward
21.  Capacity of minors to act as guardians
22.  Remuneration of guardian
23.  Control of Collector as guardian
Guardian of the person
24.  Duties of guardian of the person
25.  Title of guardian to custody of ward
26.  Removal of ward from jurisdiction
Guardian of property
27.  Duties of guardian of property
28.  Powers of testamentary guardian
29.  Limitation of powers of guardian of property appointed or declared by the Court
30.  Voidability of transfers made in contravention of section 28 or section 29
31.  Practice with respect to permitting transfers under section 29
32.  Variation of powers of guardian of property appointed or declared by the Court
33.  Right of guardian so appointed or declared to apply to the Court for opinion
       in management of property of ward
34.  Obligations on guardian of property appointed or declared by the Court
34A. Power to award remuneration for auditing accounts
35.  Suit against guardian where administration-bond was taken
36.  Suit against guardian where administration-bond was not taken
37.  General liability of guardian as trustee
Termination of guardianship
38.  Right of survivorship among joint guardians
39.  Removal of guardian
40.  Discharge of guardian
41.  Cessation of authority of guardian
42.  Appointment of successor to guardian dead, discharged or removed
Chapter 4 - Supplemental Provisions
43.  Orders for regulating conduct or proceedings of guardians, and enforcement
       of those orders
44.  Penalty for removal of ward from jurisdiction
45.  Penalty for contumacy
46.  Reports by Collectors and subordinate Courts
47.  Orders appealable
48.  Finality of other orders
49.  Costs
50.  Power of High Court to make rules
51.  Applicability of Act to guardians already appointed by Court
52.  Amendment of the Indian Majority Act [Repealed]
53.  Amendment of Chapter XXXI of the Code of Civil Procedure [Repealed]
The Schedule [Repealed]
Appendices
1.  Rules framed under section 50 of the Guardians and Wards Act, 1890
2.  The Hindu Minority and Guardianship Act, 1956
3.  The Indian Majority Act, 1875
4.  The Family Courts Act, 1984
5.  Specimen Forms
6.  Cross-country Adoption-Principles of Guardians and Wards Act, 1890 to be Adopted
Index
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Author Details
B.B. Mitra
Sixteenth Edition Edited by
M.R. Mallick : MA, LLB, Former Judge High Court at Calcutta.
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