LAW OF GUARDIANSHIP
The source of law of guardianship and custody are certain verses in the
and a few
and other authorities on Muslim law emphatically speak of theguardianship of the property of the minor, the guardianship of the person is a mere inference.Guardian includes any person having legal custody or control over child. Under Muslim Law, thenotion of guardianship is subsisting from the beginning. Its source is found in some verses of the
though a little is found about guardianship of a person. For example,according to
the right of guardianship of the min
or‟s property belongs to the
father and in his absence to his executor, but if an executor has not been appointed, then to thegrand-
father. After the death of grandfather, the right goes to grandfather‟s executor, and if the
executor has not been appointed by him then to the
who may himself act as such, or mayappoint someone to act on his behalf.
Definition of Guardian :- A
guardian is a person who acts on behalf of a minor. Such action of
a guardian is known as guardianship. The term „Guardianship‟
connotes theguardianship of a minor.
:- A person who has the legal responsibility for providing the care andmanagement of a person who is incapable, either due to age (very young or even very old or tosome other physical, mental or emotional impairment, of administering his or her own affairs. Inthe case of a minor child, the guardian is charged with the legal responsibility for the care and
management of the child and of the minor child‟s estate. The term „guardian‟ has
been definedunder many Acts and there is almost similarity in the meaning given under these Acts. Under
section 2 of the Children (Pledging of Labour) Act, 1933 „guardian‟ includes
person havinglegal custody of or control over a child. According to section 2(k) of the Children Act, 1960,
„Guardian‟ in the opinion of the competent authority having cognizance of any proceeding in the
relation to a child, has, for the time being, the actual charge, or control over, that child,According to the section 4(
2) of the Guardian 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.
Under section 4(b) of the Hindu Minority and Guardianship Act, 1956, „Guardian‟ means a
person having the care of the person
a minor or
property or of both his person and property.
Who is a minor?
A minor is one who has not attained the age of majority. Puberty and majorityare, in the Muslim Law, one and the same. Puberty is presumed to have been attained on thecompletion of the fifteenth years. But now the Muslims are governed by the Indian Majority Act,1875, except in matters relating to marriage, divorce and dower. The existing position regardingthe age of majority in such cases is given as below: Fifteen years is the age of majority for the purposes of marriage,
and divorce. At or above this age, he or she is free to do anything inthe sphere of marriage dower and divorce.