Section 10 of GWA (Guardians & Ward Act) of 1890

 Section 10 of GWA (Guardians & Ward Act) of 1890 states that:

10. Form of application.—

(1) If the application is not made by the Collector, it shall be by petition signed and verified in manner prescribed by the Code of Civil Procedure, 1882 (14 of 1882)1, for the signing and verification of a plaint, and stat­ing, so far as can be ascertained,—

(a) the name, sex, religion, date of birth and ordinary residence of the minor;

(b) where the minor is a female, whether she is married and if so, the name and age of her husband;

(c) the nature, situation and approximate value of the property, if any, of the minor;

(d) the name and residence of the person having the custody or possession of the person or property of the minor;

(e) what near relations the minor has and where they reside;

(f) whether a guardian of the person or property or both, of the minor has been appointed by any person entitled or claiming to be entitled by the law to which the minor is subject to make such an appointment;

(g) whether an application has at any time been made to the Court or to any other Court with respect to the guardianship of the person or property or both, of the minor and if so, when, to what Court and with what result;

(h) whether the application is for the appointment or declaration of a guardian of the person of the minor, or of his property, or of both;

(i) where the application is to appoint a guardian, the qualifi­cations of the proposed guardian;

(j) where the application is to declare a person to be a guardian, the grounds on which that person claims;

(k) the causes which have led to the making of the application; and

(l) such other particulars, if any, as may be prescribed or as the nature of the application renders it necessary to state.

(2) If the application is made by the Collector, it shall be by letter addressed to the Court and forwarded by post or in such other manner as may be found convenient, and shall state as far as possible the particulars mentioned in sub-section (1).

(3) The application must be accompanied by a declaration of the willingness of the proposed guardian to act, and the declaration must be signed by him and attested by at least two witnesses.

Reference case:

Case in point is of "Gautam Wason Vs Reena Chopra, 27 April, 2017" where husband had filed GWA without section 10. Court asked him to provide declaration which he provided after a month but then court asked to provide it through application for amendment. The husband filed the amendment application after 3 days but then his amendment application along with the case was listed after 2 months. He moved an application for seeking advancement of the date of hearing in the amendment application which was rejected. He moved to high court but by the time his case turned up in high court, it was just 7 weeks had already passed out of 8 weeks and HC happily dismissed his case. 

To meet the requirements of this section, you need to provide following table at the start of your petition:

A.	Name, Sex Religion, Date of birth and ordinary residence of the minor
B.	Where the minor is a female whether she is married and if so, the name, and age of the minor.	Minor is not married
C.	Nature, situation and approximate value of the property, if any, or the minor	N.A.
D.	Name of residence of the person having the custody & possession of the minor	Under the custody of the respondent.
E.	What near relations the Minor has and where they reside.
F.	Whether the guardian of the person or property or both the minor has been appointed by any person entitled or claiming to be entitled by law to which the minor is subjected to male such appointment.	No
G.	Whether an application has at any time been made to any other Court with respect to the custody of the person of the minor and if so, with that result.	Complaint U/S 498- A/406/34 IPC which is pending before the CAW Cell, Distt. -----------. Petition U/S 125 Cr.P.C. which is pending adjudication. Petition U/S 12 of D.V. Act which is pending before the court of Ms. -------, Ld. M.M. KKD Courts, Delhi
H	Whether the application is or the appointment or declaration of a guardian of the person of the minor, or of his property or of both.	Application is for the appointment of the guardian of the minor ------ - as well as the custody of the child.
I	Where the application is to appoint a guardian, the qualification of the proposed guardian	The applicant is the father of the minor.
J	Where the application is to declare a person to be a guardian, the grounds on which that person claims.	The petitioner is the father of the minor and may provide good education, shelter, maintenance for the welfare of minor.
K	The cause which have led to the making of the application.	Because there is no chance of reunion and the respondent will perform the marriage, certainly with any other one and minor child shall suffer for her emotions and modesty, if she goes with her mother after her marriage to any other religion or to any stranger which is not like of the minor child. The father has not performed any marriage since separation, despite his desertion and having his parents to maintain the son.
L	Such other particulars if any as may be presented or as the nature of the application renders if necessary to state.	That the marriage between the petitioner and the respondent likely to be dissolved as the respondent has caused cruelties and is deserting the respondent continuously since ---

 

 

And put the following declaration (in bold below) at the end of your petition after the Prayers clause. Rest of the content including advocate name and Verification clause should already exist in your draft petition and is not needed for Section 10.

DECLARATION

The Guardian proposed in the above application do hereby declare that I am willing to act as such.

PETITIONER

Delhi:

Dated:a

Through

(Sxxxxxxxn)

ADVOCATE

xxx

Mobile no: 

Verification

Verified at Delhi on this___ day of December, 2018 that the contents of the above petition are true and correct to my knowledge based on personal knowledge and records available with me. Nothing material has been concealed therefrom and no part thereof is false.

PETITIONER

Ref. 

1) Bare Act

2) Mynation sample custody application