Guardianship under Hindu Law:

Guardianship under Hindu Law

In general a legal guardian is a person who has been appointed by a court or otherwise has the legal authority to care for the personal and property interests of another person. According to the Guardians and Wards Act, 1890, “Guardian” means a person having the care of the person of a minor or of his property, or of both his person and property. 

Generally Guardianship of a Child governed by the Personal Laws. However if there any dispute arises regarding the Guardianship of a Child, one can apply to the Court for obtaining a Court order as a Guardian under the Guardians and Wards Act, 1890. 

Under Hindu Law Guardians may be divided into 03 Classes namely:  

  1. Natural Guardians: The father is the natural guardian of the person and of the separate property of his children and next to him the mother, unless the father has by will appointed another person as the guardian. No relation except the parents, is entitled as of right to the guardianship of a minor. The Court has no power to appoint a guardian of a Minor, whose father is living and is not unfit to be guardian. 
  2. Guardian appointed by a father by will: A Hindu father may by word of mouth or by writing nominate a guardian for his child so as to exclude the mother from the guardianship. The mother has not the power to appoint a guardian by will. 
  3. Guardian appointed by Court:  Where the court is satisfied that it is for the welfare of the Child than an order should be made appointing a guardian of his person or property, the Court may make an order under the Guardians and Wards Act, 1890. 

Guardianship under certain situations: 

  • Remarriage of Mother: A Hindu widow does not by the mere fact of her remarriage, lose her right of guardianship, in any case where remarriage is recognized by the custom of the caste to which she belongs.