Guardianship Disputes and the Welfare of the Minor: A Legal Perspective
Introduction Guardianship disputes involving minor children are some of the most challenging cases before family courts. These disputes necessitate a delicate balancing act between parents' legal rights and the paramount consideration of the child's welfare. This article delves into the principles and provisions governing guardianship under Indian law, particularly focusing on Section 17 of the Guardians and Wards Act, of 1890, and the exercise of the court's parens patriae jurisdiction. Understanding Guardianship and Welfare TheGuardians and Wards Act, 1890 The Guardians and Wards Act, 1890, is a crucial piece of legislation in India that outlines the legal framework for appointing guardians for minors. Section 17 of this Act is particularly significant as it stipulates the factors that the court must consider when determining the welfare of the minor. According to Section 17: "In appointing or declaring the guardian of a minor, the Court shall be guided by ...