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Chandra (owner)     30 June 2012

Declaration of guardianship

Can a parent request the court to be declared as Guardian of their child under S. 10 ?



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 3 Replies

Chandra (owner)     30 June 2012

sorry! forgot to add ---- it is Section 10 of The Guardians and Wards Act 1890.

Rajeev Kumar (Lawyer/Advocate)     30 June 2012

What is the need of declaration of guardianship if they are parent then they are already guardian.

Chandra (owner)     30 June 2012

Yes sir! when a parent is natural guardian and other parent who is also natural guardian snatches away the kid and deny access to the non-custodian parent, what does court say ?  It says the non-custodian should file for custody/visitation. Why a natural guardian needs such an approval from a third pary when one is NATURAL GUARDIAN? Means, when the guardianship, be it natural one, is questioned, one needs to be legally pronounced as natural guardian. This is what my understanding, as I was asked by hon'ble judge to file for petition when i prayed him that I want to see my son in the court since it was 6 months I saw him last. Correct me if i am wrong. Now plz answer my Q initially posted. Thank you


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