Existing Provision
1. Section 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) for the signing and verification of a plain, 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.
2. Section 19
- Guardian not to be appointed by the Court in certain cases: Nothing in this
Chapter shall authorize the Court to appoint or declare a guardian of the
property of a minor whose property is under the superintendence of a Court of
Wards, or to appoint or declare a guardian of the person - a) of a minor who is
a married female and whose husband is not, in the opinion of the Court, unfit
to be guardian of her person, or b) of a minor whose father is living and is
not, in the opinion of the court, unfit to be guardian of the person of the
minor, or c) of a minor whose property is under the superintendence of a Court
of Ward competent to appoint a guardian of the person of the minor.
3. Section 21
: Capacity of minors to act as guardians - A minor is incompetent to act as
guardian of any minor except his own wife or child or, where he is the managing
member of an undivided Hindu family, the wife or child of another minor member
of that family.
4. Section 41
: Cessation of authority of guardian - 1) the powers of a guardian of the
person cease - a) by his death, removal or discharge; b) by the Court of Wards
assuming superintendence of the person of the ward; c) by the ward ceasing to
be a minor; d) in the case of a female ward, by her marriage to a husband who
is not unfit to be guardian of her person or, if the guardian was appointed or
declared by the Court, by hr marriage to a husband who is not, in the opinion
of the court, so unfit; or e) in the case of a ward whose father was unfit to
be a guardian of the person of the ward by the father ceasing to be so or, if
the father was deemed by the Court, to be so unfit, by his ceasing to be so in
the opinion of the Court.
Suggested Amendments by NCW
1. Section 10
: Form of application - Clause ( b ) of Section 10 ( 1 ) be amended as follows
- 'Whether the minor is married and, if so, the name, religion, date of birth
and ordinary residence of the spouse'.
2. Section 19: Guardian not to be appointed by the Court in certain Cases
- Section 19(a) of the Act provides that nothing in this Chapter shall
authorise Court to appoint or declare a guardian of the person:
-
of a minor who is a married female and whose husband is not, in the opinion of
the Court, fit to be guardian of her person, or
-
of a minor whose father is living and is not, in the opinion of the court, fit
to be guardian of the person of the minor. To make i) Section 19(a) applicable
to both females and males and ii) to bring the living mother or father within
the purview of Section 19 (b) the following amendments were suggested - 'a) of
a minor who is a married person and whose spouse is, in the opinion of the
Court, unfit to ge a guardian of the minor's person or b) of a minor whose
mother or father is living and is, in the opinion of the Court, unfit to be
guardian of the person of the minor'.
3. Section 21
: Capacity of minors to act as guardians - Substitution of existing Section 21
as follows - 'A minor is incompetent to act as guardian of any minor a) except
his/her spouse or child; or b) where he/she is the managing member of an
Undivided Hindu Family, the spouse or child of another minor member of that
family'.
4. Section 41
: Cessation of authority of guardian - Section 41(1)(a) provides that 'The
powers of a guardian of the persons cease - a) by his death, removal or
discharge;, b)in the case of a female ward by her marriage to a husband who is
not unfit to be guardian of her person, or if the guardian was appointed or
declared by the court, by the marriage to a husband who is not, in the opinion
of the Court so unfit; for To extend the provisions of this section to females
also following amendments in ( i ) Section 41 (!)(a) and 41(1)(d) were
suggested - '41(1)(a) - by death, removal or discharge, ii) 41(1)(d) - 'i) by
the marriage of the ward to an individual who is fit to be guardian of the
person of the ward or; ii) if the guardian was appointed or declared by the
Court, by the marriage of the ward to an individual who is, n the opinion of
the Court, so fit'. Section 41(1)(e) provides that 'powers of a guardian of the
person cease in the case of a ward whose father was unfit to be a guardian of
the person of the ward by the father ceasing to be so or, if the father was
deemed by the Court, to be so unfit, by his ceasing to be so in the opinion of
the court. To widen the scope of clause (e) of Section 41, Sub-section (1) the
following amendment was suggested - '41(1)(e) - i) In the case of a ward whose
mother or father was unfit to be a guardian of the person of the ward, by the
mother or father ceasing to be so, or ii) if the mother or father was deemed by
the Court to be so unfit, by his or her ceasing to be so in the opinion of the
Court'.