Section 17

Matters to be considered by the Court in appointing guardian.

The Guardians and Wards Act, 1890

  • Act 8 of 1890
  • Ministry of Law and Justice
  • Legislative Department
About this Act

An Act to consolidate and amend the law relating to Guardian and Wards.

All sections
        (1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
         (2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
         (3) If the minor is old enough to form an intelligent preference, the Court may consider that preference.
         1*                                         *                                          *                                          *                                          *
         (5) The Court shall not appoint or declare any person to be a guardian against his will.

Notes

1. Sub-section (4) omitted by Act 3 of 1951, s. 3 and the Schedule.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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