Law: Guardians and Wards Act, 1890

Section: VIII,7,17

Law: Civil Procedure Code (V of 1908)

Section: 35A,XVII,1,2

(a)    Guardians and Wards Act (VIII of 1890)-------Ss.7 & 17---Appointment of guardian---Custody of minor---Duty of court--Welfare of minor---Primary consideration----Custody of minor was obtained by mother after the death of her husband from her in-laws after hectic efforts by way of approaching competent court of law and with the help of police---Application of mother for appointment of guardian of the minor accepted by the Guardian Court was remanded to Guardian Court upon preferring appeal by the father of her deceased husband for decision afresh after impleading the father of her husband--Validity---Application for appointment of guardian is regulated by S.7 of the Guardians and Wards Act, 1890 (Act)---Mother and father both are natural guardians---Section 17, clauses (1), (2) and (3) of the Act imposes a duty upon the Court while appointing a guardian to make the appointment consistent with the law to which the minor is subject---Central idea is the welfare of the minor---Welfare means his wordly, moral and spiritual well-being---In the presence of mother, the welfare of minors does not lie elsewhere---Minors feel psychologically more secure in the company of the mother rather than anyone else---Amount of love and care which a child receives from the mother cannot be expected from any other relative, including the grandfather or uncle---Welfare of the minor would be provided by the mother with more devotion and there is no other better institution than a lap of a living mother and there cannot be a better tutor than a mother---Right from birth, the minors were living with their mother and such period was spread over years--Uprooting the minors from their given and familiar surroundings, although permissible, yet could not be done as there nothing on record to suggest that the minors would be given beneficent treatment by their grandfather---Petitioner being mother of the minors might spare lot of time for them---Mother who always had a better understanding with her children, and with whom the children enjoyed intimacy, had legal right to be the guardian of the minors---Mother was neither leading an immoral life nor was a lady of…

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