Dear all
my query is as per Section 7 of Guardians and Wards Act, both Grandfather and GrandMother has to be shown as Petitioners or Grandfather is sufficient to file Petition.
Welfare of minor is the paramount consideration for the court to appoint guardian.
Section 7. of the Guardians & Wards Act, 1890 do not specify relationship and provides:
Power of the Court to make order as to guardianship.—
(1) Where the Court is satisfied that it is for the welfare of a minor that an order should be made—
(a) appointing a guardian of his person or property or both, or
(b) declaring a person to be such a guardian the Court may make an order accordingly.
(2) An order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the Court.
(3) Where a guardian has been appointed by will or other instrument or appointed or declared by the Court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act.
