The Guardians and Wards Act, 1890
- This is a non-religious statute that applies to all countries in India in relation to guardianship matters.
- During the British era, the Guardians and Wards Act of 1890 was passed.
- The court may designate a guardian for a minor child under this Act.
- The child may be associated with any community.
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