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Welfare includes both physical and moral well-being. Me effect of Lh1s provision has been considerably whittled down by judicial decisions and by Section 13 of the Hindu Minority and Guardianship Act which lays down that welfare of the minor is of paramount consideration and father's right of guardianship is 5;ubordinate to the welfare of the child.The Act does not recognize the principle of joint guardians.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.' In appointing ,,a" guardian, the court takes into consideration various factors, including the age, sex, wishes of the parents and the personal law of the child.
The District Court has the power to appoint or declare a guardian in respect of the person as well as separate property of the minor.
The chartered High Courts have inherent jurisdiction to appoint guardians of the- person as well as the property of minor children.
If mother does not appoint, father's appointee will become the guardian.
It seems that a Hindu father cannot appoint a guardian.
The Hindu law of guardianship of minor children has been codified and reformed by the Hindu Minority and Guardianship Act, 1956.
The subject may be discussed under the following heads : (i) Guardianship of person of minors, (u) Guardianship of the property of minors, and (iii) De facto guardians, and (iv) guardians by affinity.
It was father's prerogative to appoint testamentary guardians.
By appointing a testamentary guardian the father could exclude the mother from her natural guardianship of the children after his death.
Guardian is "a person having the care of the person of the minor or of his property or both person and property." It may be emphasized that in the modern law guardians exist essentially for the protection and care of the child and to look after its welfare. In Hindu law only three persons are recognized as natural guardians father, mother and husband, Father.
This is expressed by saying that welfare of the child is paramount consideration. Father is the natural guardian of his minor legitimate children, sons and daughters." Section 19 of the Guardians and Wards Act, 1890, lays down that a father cannot be deprived of the natural guardianship of his minor children unless he has been found unfit.
Minor Children Under the Hindu Minority and Guardianship Act, 1956, S.Tags: Adult Dating, affair dating, sex dating