Law: Guardians and Wards Act (VIII of 1890)

Section: 12

Guardians and Wards Act (VIII of 1890) S. 12-Minor-Temporary custody-Mere fact of child being of a tender age-,Not per se sufficient for handing over interim custody of minor to another-Order for temporary custody of minor-Can not be passed unless continuance of such custody with any party, during pendency of proceedings, found likely to endanger minor's well being or adversely affecting his person.-[Custody of minor]. Unless the continuance of the custody of the minor with any of the parties, during the proceedings pending, is found likely to endanger the well being or adversely affecting the person of the minor, meaning thereby that his life or health may be in jeopardy, no order in this regard can be passed. Irrespective of the fact whether any such allegation is made by the mother or not, it is the duty of the Guardian Judge to hold some inquiry and probe into the matter as to whether the circumstances and conditions so warranted as to hand over the interim custody of the child to the mother or not. The words used in the last line of subsection (1) of section 12 of the Act, viz. "and protection of the person or property of the minor as it thinks proper" cannot be read separately from the words "may make such order for the temporary custody". The order for tempo rary custody is to be made in context of the protection of the person or property of the minor. If the interest or life of the minor is not found to be immediately adversely affected in continuing his custody with any of the parties, then no order under section 12 of the Act, may be warranted. Where the Guardian Judge, in the operative part of his order observed that since the child is of a tender age as such, immediately requires the care and affection of his real mother, therefore, his interim custody should be given to her, it was held that the order in question being based upon this ground cannot be maintained and the Ggardian Judge has to find out as to whether the life or health or interest of the minor is to immediate danger or jeopardy or not and then he may pass appropriate order under the said provision. According to law the party concerned has to satisfy the Court…