Kindly share your core views on The personal Laws (Amendment) Bill, 2010 on;
1. Is there a need to amend clause (b) of Section 19 of Guardianships and Wards Act, 1890 so as to include the mother along with the father as a fit person to be appointed as guardian so that Courts shall not appoint any other person as a guardian of minor if either of the parents is fit to be guardian of such minor ?
For ease the reproduction of S. 19 GWA is reproduced here:
S. 19 . Guardian not to be appointed by the Court in certain cases.- Nothing in this Chapter shall authorise the Court to appoint or declare a guardian of the property of a minor whose property is under the superintendence of a Court of Wards or to appoint or declare a guardian of the person of a minor who is married female and whose husband is not, in the opinion of Court, unfit to be guardian of her person, or of a minor whose father is living and is not in the opinion of the Court, unfit to be guardian of the person of the minor, or of a minor whose property is under the superintendence of a Court of Wards competent to
appoint a guardian of the person of the minor.
Kindly share your detailed critical views on personal laws amendment affecting S. 19 (b) GWA.