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Section 19 – The Guardians and Wards Act, 1890

The Guardians and Wards Act, 1890

 

 

19. Guardian not to be appointed by the Court in certain cases.-

 

Nothing in this Chapter shall authorise 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 of a minor who is married female and whose husband is not, in the opinion of Court, unfit to be guardian of her person,

 

1[***] 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 Wards competent to appoint a guardian of the person of the minor.

 

COMMENTS

 

If the father is living, then in view of section 19(b) thereof; no one else can be declared of appointed to tbe the guardian of the person of the minor, unless the Court is of opinion that the father is ’unfit’ to be a guardian; Raj Kumar Gupta v. Barbara Gupta, AIR 1989 Cal 166.

 

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1. The words “subject to the provisions of this Act with respect to European British subjects” omitted by Act 3 of 1951, sec. 3 and Sch.

 

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The Guardians and Wards Act, 1890

 

Indian Laws – Bare Acts

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