A mere interferer is de facto not a guardian. An isolated or fleeting act of a person with respect to the child`s property does not make the child a de facto guardian. In order to make a person a de facto guardian, continuous behavior on his part is necessary. In other words, a de facto guardian is a person who is not a legal guardian, who is not legally entitled to act as such, but who has nevertheless taken over the administration of the child`s property as if he were a guardian. De facto guardianship is a concept in which past actions lead to a current status. The term literally means “of what has been done. The Guardians and Wards Act 1890 stipulates that a father may be deprived of the natural guardianship of his minor children only if he has been found unfit. Under the Hindu Minority and Guardianship Act 1956, a minor means a person who has not yet reached the age of eighteen. A minor who is considered a physically and intellectually imperfect and immature person. Therefore, Minor needs someone`s protection. However, in the modern legislation of most countries, childhood offered protection in a variety of ways. The guardian is “a person who has custody of the person of the minor or his property or both the person and the property”. By the will of the father or grandfather, a mother may be appointed as a testamentary guardian or executor of a child`s will.
A non-Muslim mother may be appointed as a testamentary guardian in the case of Sunnis, but not in the case of Shiites. A testamentary tutor must explicitly or implicitly recognize guardianship. If guardianship is agreed, it can only be refused or abandoned with the consent of the court. Court-appointed guardian If the natural and testamentary guardians fail, the court has the right to appoint a guardian for the child. The Guardians and Wards Act 1890 governs the appointment of a guardian for one child in each group. The law allows the district court to appoint a guardian after taking into account the best interests of the child. The High Court also has the power to appoint a guardian for a minor, which it does only in rare cases. For example, unless the minor leaves the parental home without being affected by a threat, command or incitement from the offender, he or she cannot be presumed to have committed the offence under section 361. But if the culprit is by initiation, temptation or intimidation, etc.
laid the foundations and if it can be assumed that this influenced or weighed with the minor by leaving custody of her guardian or by detaining and going to the guilty party, then it would be prima facie difficult for him to claim his innocence because the minor came to him voluntarily. Article 16(2) provides that `each guardian shall also submit to that appointing authority, within three months of the end of each financial year, an account relating to the assets and assets under his management, the sums received and disbursed by the disabled person and the balance remaining with him`. There are two other types of legal guardians that exist under Hindu law, de facto guardians and affinity guardians. The parents of a Hindu minor have full custody and no other person has any rights. Similarly, after marriage, the husband becomes their legitimate guardian. So if the father of a Hindu married minor girl takes her without her husband`s permission, he can be found guilty of kidnapping. But if a minor girl married to a Hindu had lived with her parents for five or six years, she could not be considered cared for by her husband. The mother is the legitimate protector of an illegitimate Hindu minor girl, and of her father, according to a well-known tradition, if she is legitimate. Foreigners who wish to adopt Indian children must apply to the court under the Act.
In the event that the court has granted permission to remove the child from the country, the adoption will be carried out under a foreign law, that is, .dem the law applicable to the guardian, outside the country. In all Sunni and Shia schools, the father is recognized as a guardian whose term corresponds to the context of the natural guardian, and the mother is not recognized as a guardian, natural or not, in all schools of Muslim law, even after the death of the father. The right of guardianship of the father also exists if the mother or another woman has the right to custody of the minor. The father has the right to control the education and religion of minor children, as well as their upbringing and movement. As long as the father lives, he is the sole and supreme guardian of his minor children. The Guardianship and Wards Act 1890 governs the guardianship of a child. The Parsis do not have their own rules of personal guardianship. It is mainly governed by Hindu customs and rules.
Moreover, Muslims, Christians and Parsis do not have personal laws for adoption. The Guardianship and Wards Act of 1890 requires them to apply to the courts. A child should only be placed in foster care and, once he or she reaches the age of majority, he or she has complete autonomy over his or her decisions. Conclusion Children are the future of a country, so it is important that they grow up in a positive atmosphere where they are well treated and educated. A minor child is not able to take care of himself or to make decisions. It takes someone to take care of the child, help him, love him and meet all the basic needs of the child. Therefore, a child`s guardian should be someone who takes good care of the child. The well-being of a child should therefore be the most important factor in the appointment of legal guardians.
The defendants claimed that Zohra was not a married wife and that the children were not legitimate and that the shares did not fall under the sale. The Privy Council decided that Zohar and her children were entitled to the shares. The important issue was whether the plaintiffs had acquired a right in the child`s share of the sale by the mother. The defendants argued that the mother did not have the right to inform the plaintiffs of the interests of her children. It was found that, although the mother has the right to custody of the person of the minor, he is not the natural guardian and the father alone or, if he has died, his executor (under Sunni law) is the legal guardian. The mother does not have the power to manage the property of the minor child. It can take responsibility, but cannot impose any obligation on the infant. This rule is subject to certain exceptions for the protection of a minor child if there is no de jure guardian, i.e. the court may appoint the mother as guardian of the property.
It has also been found that if the mother pledges the property of the minor child (mortgages), this is illegal, unless she is the executor (the father) or is authorized by the minor`s guardian or judge. Then it is legal and the right of ownership and use is established in the Murtahil (pledge / mortagagee) without the power of sale. [19] The termination of the hizanat disqualification of hizanat can be divided into 5 heads:-General disqualifications – a minor cannot be considered the guardian of a minor other than his own wife or child, a non-Muslim parent, etc. act. (i) Disqualification of women – relatives of the mother or woman may be disqualified in the following points: a. She leads an immoral life – that is, adultery; ii. Becomes a prostitute; iii. has committed a criminal offence; Iv.
Is a professional or grieving singer b. She neglects the child; c. She marries a person who is not related to the child to a prohibited extent (Rahima Khatoon v. Saburjanesa)[20]; d. During the subsistence of the marriage, she goes to and resides in a place far from the father`s place;(ii) Disqualification of men – No male relative, except prohibited diplomas, may have custody of an unmarried daughter. (iii) Disqualification of parents – § Mother renounces custody of boys after 7 years and girls after puberty (Sunni law) and boys after 2 years and girls after 7 years (Shia law). . . .