THE GUARDIANS AND WARDS ACT BY JUSTICE PS NARAYANA
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PREFACE
The Guardians and Wards Act 1890, Act 8 of 1890, is an Act to consolidate and amend the law relating to “guardian” and “ward”. As far as Hindus are concerned, at present there is a Legislation governing the field i.e., Hindu Minority and Guardianship Act 1956. The Guardians and Wards Act 1890 is a beneficial Legislation and hence the provisions are to be liberally interpreted so as to advance the object of the Act and also the intention of the Legislature in enacting the aforesaid Act. Section 6 of the Act dealing with Saving of power to appoint in other cases specifies that in the case of a minor nothing in this Act shall be construed to take away or derogate from any power to appoint a guardian of his person or property or both which is valid by the law to which the minor is subject. The words “by the law to which the minor is subject” would assume lot of importance.
Be that as it may, the different provisions of the Guardians and Wards Act 1890 had fallen for consideration and there are several old reported decisions. In the present short commentary on the subject, the personal law of the respective religions governing the field also had been briefly dealt with for the purpose of better appreciation of the subject. Apart from the Rules, certain relevant Acts also had been incorporated by way
of Appendix for easy and ready reference. The recent decisions on the subject are not too numerous, but however an attempt was made to see that the important decisions had been put at proper and appropriate places for the convenience of the readers. In view of the fact that this is the predominant Legislation governing the minority and guardianship, it is needless to say that the subject is one of general public importance apart from the same being very essential to the Bar and the Bench.
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