Introduction of Section 15
Section 15 of the Guardians and Wards Act, 1890, allows for the appointment of multiple guardians for a minor under specific circumstances. The section recognizes the possibility that a minor might require more than one guardian, either for their person, property, or both, depending on the law applicable to the minor. It also provides the flexibility to appoint separate guardians for different aspects of the minor’s life, such as their personal welfare and the management of their property.
Text of Section 15
(1) If the law to which the minor is subject admits of his having two or more joint guardians of his person or property, or both, the Court may, if it thinks fit, appoint or declare them.
(4) Separate guardians may be appointed or declared of the person and of the property of a minor.
(5) If a minor has several properties, the Court may, if it thinks fit, appoint or declare a separate guardian for any one or more of the properties.
Simplified Explanation
Overview
Section 15 outlines the circumstances in which a minor may have multiple guardians appointed. It acknowledges that guardianship may not always be a simple matter of one guardian for all aspects of a minor’s life. In some cases, a minor may need separate guardians for different properties or aspects of their life. The section also allows for joint guardians, depending on the minor’s legal status.
Key Points of Section 15
- Joint Guardianship:
If the law governing the minor permits, the Court may appoint two or more joint guardians for the minor’s person or property. This allows for shared responsibility, ensuring that the minor’s interests are protected by more than one individual. - Separate Guardians for Person and Property:
The Court may appoint separate guardians for the minor’s personal welfare and their property. This is particularly useful when one individual is better suited to look after the minor’s well-being, while another may be more capable of managing their property. - Separate Guardians for Multiple Properties:
If the minor owns multiple properties, the Court may decide to appoint different guardians for each property, ensuring that the management of the properties is handled by individuals with the requisite expertise or experience.
Purpose and Scope
The purpose of Section 15 is to provide flexibility in the guardianship process, allowing the Court to tailor the guardianship arrangement to the needs of the minor. By allowing joint guardians and separate guardians for different aspects of the minor’s life, this section ensures that the minor’s best interests are taken into account and that each aspect of their well-being is handled by a suitable person.
Practical Impact
- Flexibility in Guardianship:
This section ensures that guardianship can be adapted to the specific needs of the minor. It allows for multiple individuals to share guardianship duties or for different individuals to take responsibility for different aspects of the minor’s life. - Specialized Guardianship:
In cases where a minor has substantial property or specific needs, the Court can appoint specialized guardians for different properties, ensuring that the minor’s interests are well-protected.
Examples:
- Example 1: A minor inherits several properties, including a house, agricultural land, and stocks. The Court appoints one guardian for the minor’s personal welfare, another for the management of the house, and a third for the agricultural land.
- Example 2: A minor’s welfare is managed by their parents, but due to complex financial assets, the Court appoints a separate guardian to manage the minor’s property, ensuring professional handling of financial matters.
- Example 3: A minor is subject to a legal system that allows joint guardianship. The Court appoints both the minor’s mother and father as joint guardians, allowing them to share responsibility for both the child’s welfare and property management.
Conclusion
Section 15 provides flexibility in the guardianship process by allowing for joint and separate guardians to be appointed for different aspects of a minor’s life. This ensures that the minor’s needs, both personal and property-related, are addressed by the most suitable individuals, thereby protecting their well-being in the best possible way.
