Minor Custody and Guardianship
In Muslims, is the mother considered as a guardian?
Muslims do not acknowledge mothers as guardians in any capacity, natural or artificial. However, she is entitled to the “right of hizanat,” which is a mother’s right to custody of her kid while they are still young.
What is a testamentary guardian?
A testamentary guardian is a guardian named by will. Both parents may choose a testamentary guardian for their kid in accordance with the Hindu Minority and Guardianship Act, 1956.
What will happen if both parents choose not to share custody after a divorce?
Under the Guardianship and Wards Act, any relative, grandparents, or other person may submit a petition; the court will make further appointments.
What is a minor child’s interim custody?
Interim custody is the temporary custody of a minor child granted to one parent while a decision or order is pending.
Can a Muslim mother appoint a testamentary guardian?
A testamentary guardian may only be appointed by a parent under Muslim law. Mothers don’t possess such authority.
Reference:
- Legal Studies. NCERT- Class XI
- District Court
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Minor Custody and Guardianship: Everything You Need to Know
Minor custody and guardianship refer to legal arrangements concerning the care and responsibility of children who are under the age of majority, typically 18 years old. In these arrangements, adults are appointed to act as guardians or custodians to ensure the well-being and proper upbringing of the minors.
Key Takeaways
- According to the Indian Majority Act 1875, a person who has not reached the age of eighteen is considered a minor.
- The welfare of the child is the first consideration for courts when making custody decisions. The importance of other factors is secondary.
- The best form of custody for a child can be determined by the courts; options include sole, joint, and third-party custody.
- The Guardians and Wards Act of 1890 applies to all Indian citizens, regardless of their religious beliefs. It gives courts the authority to appoint guardians for the minor’s person, or property.
Table of Content
- Who is Minor?
- Who is Guardian?
- The Guardians and Wards Act, 1890
- The Hindu Minority and Guardianship Act, 1956
- De-Jure and De-Facto Guardians
- Who is a Natural Guardian?
- Position under Muslim Law
- Minor Custody and Guardianship- FAQs