What is welfare of Minor?

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What is welfare of Minor?

Unread postby Admin » Fri Aug 17, 2012 7:24 am

What is welfare of Minor?

welfare of minor being of the paramount importance a court could make an appointment only when it is satisfied that it is necessary that an appointment should be made for the welfare of the minor. the Act as well as the judicial pronouncements have not omitted any opportunity to emphasis the importance of the welfare of the minor.

According to the sub section the personal law to which the minor is subject should be the guide in the appointment of a guardian. But even this personal law is subject to two limitation. It is subject to the provisions o of the minor or the conclusions arrived at as a consequence of the guidance in the section itself make it impossible to follow the guidance of the personal law then the personal law may be abandoned and steps most conducive to the welfare of the minor and consistent with the provisions of this section have to be taken. If the personal law of the minor is not inconsistent with either the provisions of this section or the welfare of the minor then it should be followed. Thus it is the personal law that should guide subject only to the welfare of the minor. Law gives the lead to the court. It sets the line of which the welfare of the minor has to be considered. it is seen already that the welfare of the minor includes his moral spiritual and material well being. In considering what is to the welfare of the minor the court shall have regard to the:
(1) Age
(2) Sex
(3) Religion of the minor
(4) The character and capacity of the proposed guardian
(5)His nearness of kin to the minor
(6) The wishes if any of the deceased parent
(7) Any existing or previous relations of the proposed guardian with the minor or his property.

The other aid to the decision of the court in the appointment of a guardian is given in the third sub section. It states that the reference of the minor where he is intelligent should be considered. This guidance could have been incorporated in the previous sub section itself where it stated that the option of the deceased parent shall also be considered. But a separate sub section is devoted to it. It is as if to give grater weight to the intelligent preference of a minor that a separate sub section is devoted to give this lead to the court.
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