GWA Bare Act, 1890

  Section 7 of the 1890 Act bestows power in the Court to make order as to guardianship in respect of a minor. Such prayer can be made by anyone interested in the welfare of the minor and “not limited to the father and mother of the minor”. In this inquiry, the Court, if so satisfied that it is for the welfare of the minor, is free to appoint the applicant as a guardian of person or property of the minor or both or merely declaring a person to be such a guardian. Section 8 of the Act makes it amply clear as to who is entitled to apply for the order. It has specified four categories of persons. First is person desirous of being the guardian of the minor. The second is any relative or friend of the minor. The third is the Collector of the district or other local area within which the minor ordinarily resides and the fourth is the Collector having authority with respect to the class to which the minor belongs. Such application is required to be filed before the District Court having jurisdiction in the place where the minor ordinarily resides under Section 9 of the 1890 Act. As regards procedure for such an application, it is delineated by providing for the form of application in Section 10 of the Act, which must contain necessary information referred to therein. Section 11 prescribes for the procedure in the event the Court is satisfied that there is ground for proceeding on the application. That would require adducing of evidence before making an order in terms of Section 13 of the 1890 Act. The Court is required to consider certain matters as specified in Section 17 of the 1890 Act and while making order, must also bear in mind the exception provided in Section 19 as to who should not be appointed as guardian.

Ref. 

https://indiankanoon.org/doc/149322369/

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