Law: Guardians and Wards Act (VIII of 1890)

Section: 25(1),4(2),25,7,19(b)

  Guardians and Wards Act (VIII of 1890)-----S. 25(1) Order for return of minor to custody of guardian-Conditions necessary.   For making an order under section 25(1), Guardians and Wards Act, 1890, for the return of a minor to the custody of guardian, the necessary conditions are (1) that a ward should leave or be removed from the custody of the guardian of his person and (2) such leaving or taking should be from the custody of a guardian of his person. If these conditions are satisfied, the Court may make an order for the return of the ward to the custody of the guardian, if it is for the welfare of the minor to return to his custody.   Guardians and Wards Act (VIII of 1890)----Ss. 4(2) & 25-Maternal grand-mother of minor girl-Neither a natural guardian nor proved to have care of person or property of minor Cannot be treated as guardian under S. 4 (2).   Achrat Lal v. Chiman Lal I L R 40 Bom. 600 and Manoo Ali v. Hawabi A I R 1936 Rang. 63 ref.   Guardians and Wards Act (VIII of 1890)----Ss. 17 & 25 Delivery of custody of minor-Not of permanent nature-May be changed if welfare of minor so necessitates.   An order of delivery of custody of the child is not of a permanent nature and may be changed if the welfare of the minor so necessitates, but there must be clear and strong reasons and the circumstances must have so changed as to require a change of custody of the minor in the interest of his welfare.   Normally there should be a change in the circumstances or capacity of the guardian for a change in the custody of a minor to be ordered by a Court in the interest of the welfare of the minor.   Mrs. Shushila Ganju v. Kunwar Krishna A I R 1948 Oudh 266 ; Saraswatibai Shripad Ved. v. Shripad Vasanji Ved A I R 1941 Bom. 103 and In re : Ghulam Muhammad A I R 1942 Sind 154 ref.   Muhammadan Law-----Guardianship-Mother of minor girl losing her right of hizanat by marrying a stranger-Minor's maternal grand-mother has preferential right of hizanat even in presence of father, the natural guardian-Custody of minor Paramount consideration: Welfare of minor.   Under the Muhammadan Law, mother, by marrying a…