How Guardian is Appointed?

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How Guardian is Appointed?

Unread postby Admin » Fri Aug 17, 2012 8:01 am

How Guardian is Appointed?

A court is empowered under Guaridan and ward Act 1890 ca act only on the application of the person enumerated in the section. Without an application acting proprio mota a court cannot appoint a guardian to minor. But when once an application is made the jurisdiction of the court is initiated. It is true that a judge is not authorized by law, in the absence of an application for the appointment of a guardian to pass an order appointing the guardian of minor. But once an application is filed in accordance with the provision of section 10 the jurisdiction of the judge under Guardian and Wards Act comes into play and it is open to the judge, as result of the inquiry initiated on the appointment, to appoint a person other than the applicant as the guardian of the minor. But the sheer existence of the application is not sufficient to appoint.

The appointment should be as result of an inquiry. Although some decisions say that a formal application at the instance of the person who is actually appointed as guardian is essential. The better option seems to be that no such normal application is necessary and that the court is entitled to appoint a person as guardian if he is proposed as a fit and proper person by provided that the person appointed files his declaration of willingness under section 10(3). where there is no application by the person appointed guardian the legality of appointment is not affected. it may be questioned on ground that consent is not obtained. the court has jurisdiction to appoint a person suggested in the counter on the person who appeared on notice and the written objection by the relative could be treated, in substance as on application by the relative praying for appointment of the appointee as guardian.
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