Law: Guardians and Wards Act (VIII of 1890)

Section: 17,25

(a)    Guardians and Wards Act (VIII of 1890)---

----Ss. 17 & 25---Appointment of mother as guardian of minor---Welfare of minor---Application for guardianship filed by divorced mother was allowed--Validity---While appointing or declaring the Guardian of a minor or handing over the custody of the minor under S.17 of the Guardians and Wards Act, 1890, the paramount consideration would be the welfare of the minor--Subsection(3) of S.17 of the Guardians and Wards Act, 1890, makes it blatantly obvious that if the minor is mature enough to express his opinion then he cannot be compelled to live with the person against his/her wish---In the present case, the minor was mature enough and had showed his wish to live with his mother even before this/High Court, therefore, the preference, interest and welfare of the minor could not be ignored---Minor could not be compelled to live with appellant / father---Custody of minor, who is mature enough to express his/her opinion, could not be given against his wish---Court below had appreciated every iota of evidence in a legal fashion and reached at a just conclusion, which did not suffer from any legal infirmity---Appeal filed by father of minor was dismissed, in circumstances. 2003 YLR 3245 ref.

(b)   Guardians and Wards Act (VIII of 1890)---