Ashri Associates-GUARDIANSHIP


Under the Hindu Law as in English Law, the King is regarded as “parens patriae”.

The Hindu sages made it clear that the King as the ultimate protector of the state, may give suitable directions for the protection of the estate of the infants. The protection of infants by the king is now taken over by the court as representative of the Sovereign.

In today’s context, the term Guardian means a person having the care/custody of the person of a minor or his property or both of his person and property. The term custody should not be interpreted in its strict sense as physical custody, it means in the sense of supervision and control over the child.

The Guardian and Wards Act may be invoked by the aggrieved persons. Welfare of the minor child is of paramount consideration in the appointment of a guardian and can be any parent. Welfare of the child depends not only in terms of money and physical comfort but also include moral and ethical welfare of the child. In case of dispute between the father and mother for the custody of the child, the courts strikes a just and proper balance between the requirements of welfare of minor and the rights of the parents over the minor child.

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