Introduction of the Section 10
Section 10 of the Guardians and Wards Act, 1890, specifies the form and requirements for filing an application for the appointment or declaration of a guardian for a minor. It outlines the detailed information that must be included in the petition, and provides a separate procedure for applications made by the Collector. This ensures that all necessary details are presented to the court for a thorough consideration of the guardianship request.
Text of Section 10
(1) If the application is not made by the Collector, it shall be by petition signed and verified in manner prescribed by the 1[Code of Civil Procedure (14 of 1882)] for the signing and verification of a plaint, and stating, so far as can be ascertained—
(a) the name, sex, religion, date of birth and ordinary residence of the minor;
(b) where the minor is a female, whether she is married, and, if so, the name and age of her husband;
(c) the nature, situation and approximate value of the property, if any, of the minor;
(d) the name and residence of the person having the custody or possession of the person or property of the minor;
(e) what near relations the minor has, and where they reside;
(f) whether a guardian of the person or property, or both, of the minor has been appointed by any person entitled or claiming to be entitled by the law to which the minor is subject to make such an appointment;
(g) whether an application has at any time been made to the Court or to any other Court with respect to the guardianship of the person or property, or both, of the minor, and, if so, when, to what Court and with what result;
(h) whether the application is for the appointment or declaration of a guardian of the person of the minor, or of his property, or of both;
(i) where the application is to appoint a guardian, the qualifications of the proposed guardian;
(j) where the application is to declare a person to be a guardian, the grounds on which that person claims;
(k) the causes which have led to the making of the applications; and
(l) such other particulars, if any, as may be prescribed or as the nature of the application renders it necessary to state.
(2) If the application is made by the Collector, it shall be by letter addressed to the Court and forwarded by post or in such other manner as may be found convenient, and shall state as far as possible the particulars mentioned in sub-section (1).
(3) The application must be accompanied by a declaration of the willingness of the proposed guardian to act and the declaration must be signed by him and attested by at least two witnesses.
Simplified Explanation
Overview
Section 10 outlines the detailed format and requirements for an application to the court regarding the appointment or declaration of a guardian for a minor. It sets out the necessary information to be included in the petition, such as personal details about the minor, information about the proposed guardian, and the nature of the guardianship request. The section also explains the procedure for applications made by the Collector.
Key Points of Section 10
- General Application: The application must be made by petition and should include specific details about the minor, including:
- Basic personal information (name, sex, date of birth, religion, and residence).
- Information about the minor’s property (if any), including the nature, location, and value of the property.
- The name and residence of the person currently having custody or possession of the minor.
- Information about the minor’s family relations and whether a guardian has already been appointed.
- Details of any previous applications made regarding the guardianship of the minor.
- A description of the reasons for the application and any qualifications or claims of the proposed guardian.
- Application by the Collector: If the Collector is the applicant, the application will be in the form of a letter addressed to the court, which should also include the necessary details mentioned in subsection (1), as far as possible.
- Declaration of Willingness to Act: The proposed guardian must submit a declaration that they are willing to act as the guardian, which must be signed by them and attested by at least two witnesses. This ensures that the proposed guardian has agreed to take on the responsibility.
Purpose and Scope
The purpose of Section 10 is to ensure that the court has all the necessary information to make an informed decision regarding the guardianship of the minor. By mandating detailed disclosures in the application, the section ensures that the court considers all relevant aspects of the minor’s life and the suitability of the proposed guardian. It also ensures transparency in the process and prevents applications that are vague or incomplete.
Practical Impact
- Comprehensive Details: By requiring detailed information, Section 10 ensures that the court has a full understanding of the minor’s situation, including their family background, property, and any previous guardianship decisions. This helps the court make an informed and fair decision.
- Clarity and Accountability: The requirement for a signed declaration of willingness from the proposed guardian, along with witnesses, adds a layer of accountability and clarity. It confirms the guardian’s consent to take responsibility for the minor.
- Uniform Procedure: The application format ensures uniformity across all guardianship cases, as it prescribes the specific information that must be provided. This helps streamline the process and makes it easier for courts to handle multiple applications efficiently.
Examples:
- Example 1: A relative wishes to apply for guardianship of a minor and submits a petition detailing the minor’s name, residence, the relationship to the minor, and the reasons for the application. They also provide information about the minor’s property, if any, and the qualifications that make them suitable to act as the guardian.
- Example 2: A Collector files an application by letter to the court, providing details about a minor residing in the district who has no legal guardian. The letter includes as much information as possible about the minor’s background, including the family situation and reasons for seeking a guardian.
- Example 3: A proposed guardian submits an application along with a signed declaration of willingness to act as the guardian, attested by two witnesses. The declaration confirms their consent to take on the responsibility and care of the minor.
Conclusion
Section 10 of the Guardians and Wards Act, 1890, establishes a detailed and standardized procedure for filing an application for guardianship. By requiring comprehensive information about the minor and the proposed guardian, as well as a declaration of willingness from the proposed guardian, the section ensures that the court can make a well-informed decision based on the minor’s best interests. The section aims to ensure transparency and fairness in the guardianship process, allowing the court to effectively assess the suitability of guardians and make appropriate orders.
