THE GUARDIANS AND WARDS ACT,1890

M.A.BHARATHI (Querist) 22 October 2010 This query is : Resolved
Can a FATHER of a child (2 years male)entitled to file a case under THE GUARDIANS AND WARDS ACT,1890 seeks to appoint him as the GUARDIAN of the child?

REASON FOR DOUBT.
SINCE THE FATHER HIMSELF IS THE NATURAL GUARDIAN, HOW CAN HE CLAIMS FOR THAT BY FILLING A CASE UNDER THE GUARDIANS AND WARDS ACT,1890?.

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Kirti Kar Tripathi (Expert) 22 October 2010
since he is natural guardian, no need for such appointment under the law

Devajyoti Barman (Expert) 22 October 2010
Yes you are right. he does not need to be so appointed. But he can file a case under section 25 of the Act claiming for custody of the child if the merit of the case so warrants.

s.subramanian (Expert) 23 October 2010
Yes. I agree. But you have to take into account the recent amendment to the Guardian and Wards Act made by the Personal Laws
Amendment Act,30 of 2010 which came into force on 1.9.2010. This makes the mother also the natural guardian along with the father to do away with the gender bias.The law prefers mother's custody of the child till he or she is five years old.

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