Law: Guardians and Wards Act (VIII of 1890)

Section: 17,25

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

----Ss. 17 & 25---Custody of minors---Basic criteria for appointment of guardian---Court while dealing with, application for appointment of guardian and for restoration of custody of minors, would base its findings on the conditions laid down in Ss.17 and 25, Guardians and Wards Act, 1890, which enjoin that while appointing guardian of minors, fundamental importance should be given to welfare of minors---Welfare of minors if found with the mother, then custody should be given to her and if welfare of minor was found with the father, then custody should be given to him---Where minors (male) had attained age of seven years or above, it was neither necessary nor obligatory that their custody be given to father---Welfare of the minors was the guiding factor in the matter of delivery of custody; personal law was subordinate to such consideration---Father although a natural guardian yet his right was also subordinate to the welfare of minor---Overriding, fundamental and paramount consideration was always the welfare of minors, rather that was the sole criteria which must prevail.