LawBites
← Back to Family Law 1 acts
SectionRuleKey ConceptCase Law
4DefinitionsDefines minor, guardian, and ward.
5Saving of lawsPersonal laws (religious laws) are not affected unless clearly stated.
7Power of court to appoint guardianCourt can appoint guardian if needed for welfare of minor.
8Persons entitled to applyCertain persons can apply to court for guardianship.
9Court having jurisdictionCase must be filed where the minor lives or property is located.
10Form of applicationApplication must contain required details about minor and guardian.
11Procedure on admissionCourt gives notice and hears parties before decision.
12Temporary guardianCourt can appoint temporary guardian in urgent cases.
13Welfare of minorWelfare (well-being) of minor is most important factor.Rosy Jacob v. Jacob A Chakramakkal
17Matters to considerCourt considers age, gender, religion, and preference of minor.
19When guardian not appointedCourt will not appoint guardian if father is fit and alive (in some cases).
24Duties of guardianGuardian must take care of minor and property.
25Custody of wardCourt can order return of minor to guardian.
26Removal of wardMinor cannot be moved without court permission.
27Powers of guardianGuardian has powers subject to court control.
28Control by courtCourt supervises actions of guardian.
29Limitation on property dealingGuardian needs court permission to sell or transfer property.
30Voidable transferImproper transfer can be cancelled.
31Court permission for property dealingsCourt allows only if necessary or beneficial to minor.
39Removal of guardianCourt can remove guardian for misconduct (bad behavior).
40Discharge of guardianGuardian can be relieved from duties by court.
41Cessation of authorityGuardian’s powers end when minor becomes major or dies.
47AppealsRight to appeal against court orders.