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Aashish Sharma (Lawyer)     11 August 2008

Guardianship

hi,

"A" an NRI residing in USA, has a grand-daughter "B" in India. "B" is living with her mother after death of her father. Now "A" wants to get the custody of "B" and also to be appointed as her Guardian. Can "A" file a petition for Appointment of Guardianship and Custody of the child from USA through his Power of Attorney or he has to come present before court in India in person to file the petition?


Learning

 5 Replies

smith sharma (lecturer)     11 August 2008

Hi,


  Mr.Ashish,


                    In my opinion g-father cant file a petition 4 appointment of gaurdianship and custady of child in USA court on  the basis of power of Attorny.Bcoz  his g-daughter is living in india n this case is uner jurisdiction of india.


thanx


with regards


Mis. Smith Sharma{Lawyer}

Manish Singh (Advocate)     12 August 2008

Afetr father, the natural guardian is the mother, so grandparents may not be appointed as the guardian when mother is there except in certain circumstances.

shamit sanyal (advocate)     12 August 2008

The question involved here is whether "A" can file a case through his constituted attorney,the merit of the case is not to be considered.


A valid power of attorney executed by "A" throug the indian high commissioner will enable him to file and defend cases.


How ever if one can prove that for the benefit of the child such gurdianship is essential one can establish a good case.

Guest (n/a)     12 August 2008

 


What is The Statutary age limit to get custody of a female minor child by a father under Hindu Law in the State of Orissa ?

prince (Associate- Lawyer)     20 August 2008

As far as filing the petition seeking permanent/temporary custody of the minor child is concerned, A wouldnt need to come to India in person to file the petition. Since A is a Person of Indian origin, could file it through his advocate by executing a power of attorney and signing vakalatnama thereof. Separately, he may execute a special poa in favour of any person to file the petition on his behalf.


On Merits, it would be difficult to obtain the permanent custody of the minor child as the biological mother is still alive unless its proved otherwise that the biological mother is mentally unsound or where the welfare of the child is at stake. Separately, since A has been living in the USA and is an NRI only guardianhip rights can be granted. Pursuant to the guardianship, A would then need to legally adopt the child in accordance with the inter-country adoption guidelines framed by CARA.


Trust the afroresaid satisfactorily answers your query.


Prince


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