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Application for guardianship with parent's consent for visa

(Querist) 03 January 2018 This query is : Resolved 
Hi,

I am a father of 5 yr old girl, my wife died last year. My mother takes care of my daughter while I work to earn living. My mother (with US tourist visa) often visits my elder brother who lives in USA. I wanted to apply for my daughter's tourist visa to USA so that she can visit with my mother during her summer break. The Visa documentation requires a guardianship certificate that will allow my mother to accompany as guardian of my daughter.

I learned that I can submit an application under Guardian and ward act but there is no clear guidelines to follow. I would appreciate if I could get proper advice in the matter.
Ms.Usha Kapoor (Expert) 03 January 2018
Tell your mother to apply for Guardianship of child under Hindu Minority and Guardianship Act r/w Guardians and wards act and the court after examining all the circumstances around the child into view may in its discretion mainly if the child's welfare is of paramount consideration point of view may appoint your mother as guardian of the child.
Pankaj Balotia (Querist) 03 January 2018
Thanks Ms. Usha Kapoor for your prompt reply. I am aware that an application has to be originated by my mother but is there a form or online submission that I can refer to? I visited http://www.thenationaltrust.gov.in/auth/lg-registration.php but the application seems to be meant for disabled person! Please guide.
Vijay Raj Mahajan (Expert) 03 January 2018
Application for appointed as guardian under the Guardians & Wards Acr,1890 has to be filled for minor child against the natural guardian, in this case it is you only after the death of your wife. Your no objection for your mother being appointed as the guardian of your minor daughter in India has to be given and based on this only the court will pass order and decree on favour of your mother. The Guardianship is for minors as well disabled both physically and mentally persons too.
Pankaj Balotia (Querist) 03 January 2018
Thanks Vijay Raj Mahajan. Should I use the same application available at http://www.thenationaltrust.gov.in/auth/lg-registration.php or is there any other link where I can apply? If answer to this question is yes, the application asks for type of disability which is a mandatory field!

I know that I have to give the written consent and my mother will have to apply for guardianship but the core question here is- How and Where to file? Please guide.
Vijay Raj Mahajan (Expert) 03 January 2018
Your mother has to engage advocate who will draft petition for appointment as guardian of minor. This petition will be filled along with all relevant documents in the Family Court where the minor is living in India.
Your presence or your advocate with your power of attorney and duly signed and attested affidavit with regards to no objection for appointment of your mother as legal guardian of your minor daughter will be filled and court will requested to pass order and decree with regards to this.
Please don't go by any website documents as those are for misguiding people around the world.
After all we the advocates in the profession are not fools providing free advise here.
Kumar Doab (Expert) 03 January 2018
The website posted by you is of Republic of India Govt website;
http://www.thenationaltrust.gov.in/auth/lg-registration.php
GO thru;
http://www.thenationaltrust.gov.in/content/innerpage/guardianship.php

It has NO element of misleading.
Kumar Doab (Expert) 03 January 2018
It has NO element of misleading.
Probably you have posted a wrong website/chosen wrong link.
The websites say; govt websites,links, court websites, CARA are trusted by Lawyers also daily for their daily work and accessed and used daily for their daily work.
A ver able senior LOCAL counsel of unshakable repute and integrity specializing in such matters and having successful track record can help you.
If you are confident of handling as PIP and can in this matter, go ahead.
Vijay Raj Mahajan (Expert) 03 January 2018
Don't get misguided by the website which has nothing to do with minor child guardianship. Family Court only decide and issue decree of guardianship or appoint guardian of minor.


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