Mitul Kumari (Practicing Advocate) 23 November 2018

Guardian and Wards Act

Can a Power of Attorney file a case claiming guardianship of a minor child

8 Replies

Shashi Dhara 23 November 2018

U have to give reason why r u claiming .minor child has lost mother &father.what relation ship with u &minor child u have to eastblish Ur right to claim gaurdian ship.

Shashi Dhara 23 November 2018

U can file suit as next friend to claim gaurdian ship of minor.

Vijay Raj Mahajan (Advocate) 23 November 2018

Power of attorney on who's behalf? For father or mother? Clarify facts for proper reply.

Mitul Kumari (Practicing Advocate) 23 November 2018

Facts of the case: Mother expired after delivery of the child. Father lives in Gulf country. Brother in law of the father, filed the case as GPA holder. GPA also claims visitation rights.

Mitul Kumari (Practicing Advocate) 23 November 2018

The child is 4 months old. It is in the custody of Maternal grandparents. Parties are governed by Muslim Law.

Shashi Dhara 23 November 2018

Father is natural gaurdian . Hehas to attend the court &give evidence when evidence starts. pa may attend the court.pa for limited purpose only. He can only defend him he cannot lead evidence on behalf of father.