{"id":31535,"date":"2015-05-26T14:52:01","date_gmt":"2015-05-26T14:52:01","guid":{"rendered":"http:\/\/vskills.in\/certification\/blog\/?p=31535"},"modified":"2024-04-03T13:17:23","modified_gmt":"2024-04-03T07:47:23","slug":"legal-update-guardianship-laws","status":"publish","type":"post","link":"https:\/\/www.vskills.in\/certification\/blog\/legal-update-guardianship-laws\/","title":{"rendered":"LEGAL UPDATE : Guardianship Laws"},"content":{"rendered":"
\n

\"LEGAL<\/a><\/p>\n

\n

“Reforming the Law For\u00a0Maximizing\u00a0Justice in Society &Promoting Good Governance under the Rule of\u00a0Law” ~ Law\u00a0Commission of India\u00a0, GoI\u00a0<\/strong><\/p>\n<\/blockquote>\n

GUARDIANSHIP and CUSTODY laws are pertaining to Safeguard the interest of ‘Welfare of the Child’. Though it needed a succinct discussion to understand in legal framework of our constitution.<\/p>\n

GUARDIANSHIP :\u00a0Guardian is the person, who is having responsibility to undertake care of the person of a minor or his property or both person and property. A father is the \u00a0\u2018natural guardian\u2019 of the minor or an unmarried girl and in the\u00a0absence, the mother shall be the natural guardian. The husband becomes the natural guardian of a minor girl on marriage and the mother alone shall act as such if the child is illegitimate. A step father or step mother is not be a natural guardian.<\/p>\n

A guardian could \u00a0be so named through a WILL, who be called as the testamentary guardian. In situations when a court appoints a person to take care of person or property of a minor or conduct litigation on \u00a0behalf of the minor,as he or she will be called as a Court guardian.A court requiring the protection of\u00a0minor may appoint or declare even a person other than a parent as a guardian. Apart from a minor to whom guardian may be appointed, in conditions of persons who due to mental illness cannot take care of themselves, guardians may be appointed by the court.<\/p>\n

A welfare institution\u00a0also posses to be a guardian or be appointed as guardian, which has custody of a minor or a mentally challenged person or an abandoned\u00a0child. In inter-country adoption cases,even a foreign national seeking adoption may be appointed as a guardian initially with directions to adopt as per the law of the country to which the foreign national may belong.<\/p>\n

LEGAL STRUCTURE FRAMEWORK<\/p>\n

The principal enactment that deals with appointment, care, custody and administration of property of a ward who is a minor is Guardian and Wards Act<\/strong>.<\/p>\n