Who is the best guardian of a minor -explains Karnataka HC

Who is the best guardian of a minor -explains Karnataka HC

ANUSHA AGARWAL 

Background

The Karnataka High Court parents rather than the grandparents are the best Guardians Of a minor child.

This view accepted while directing a grandfather to hand over custody of a minor child to her father but this along with the father, but disallowing the father to become a Legal Guardian to her property.

Introduction

Under the Hindu minority and Guardianship Act, 1956, Section 4(b), minor means a person who has not completed the age of 18 years.

Guardian is a person having the care of a person of the minor or of his property or both person and property.

In Hindu law, only three persons are recognized as Natural Guardians:

1. Father

2. Mother

3. Husband

Father is the natural guardian of his minor legitimate children, son, and daughters. Section 19 of the Guardians and wards act, 1890, lays down that a father cannot be deprived of the natural guardianship of his minor children and unless he has been found unfit.

Natural guardian's power over minor property

The natural guardian of the person of a child is also the guardian of minors' property. But a natural guardian, father or mother, is not the guardian of minors undivided interest in the joint family property.

Section 8(1), Hindu minority and guardianship act, list down the general purpose of natural Guardians. Guardian made you all as which are necessary for reasonable and proper for the benefit of the minor or for the realization, protection for benefit of minor's estate. The generality of the power will exclude fraudulent, speculative, unnecessary or unreasonable transaction.

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Issue(Who is the best guardian of a minor -explains Karnataka HC)

1. The minor and her parents had met with a road accident.

2. During the accident, the mother died on the spot, while the father suffered several injuries.

3. At the request of the grandparents, the father allowed the minor to stay with them.

4. Later when they came differences between the father and the child. The father moved an application before the family court, for permanent custody under the Guardians and wards act.

5. Grandfather argued in the High Court when the court passed an order of ex Parte saying that the father of the child does not have the financial capacity to educate her.

6. Father opposed the petition saying that he has the financial capacity to educate her and bring her up in the best possible manner.

Conclusion

The court considering the feeling of the grandparents recognizes their visitation right. The grandparent was not allowed to meet their granddaughter after school time but when there were festivals and holidays and who is the best guardian of a minor -explains Karnataka HC.

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