Rajendra (proprietor) 31 January 2014

Guardianship of minor nephew and niece

Hello to all,

I my case my brother died sometime back, he was divorcee taken mutual divorce, order & decree passed in 2010. he is having two kids. after divorce he was staying with me & with our mother and custody of both the kids with him by the court. means they all are with us. Now in 2014 he died. His wife never concerned about her childs during this period and previously stated to him that "if you are not taken the childs with you, I will send them any orphanage".

Now query is that, in eye of law, should we, me and/or my mother treated or act as guardian and custodian of both the child? here girl is around 12 years and boy is around 8 years.

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4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 01 February 2014

The Dharmashastras did not deal with the law of guardianship. During the British regime the law of guardianship was developed by the courts. It came to be established that the father is the natural guardian of the children and after his death, mother is the natural guardian of the children and none else can be the natural guardian of minor children. Testamentary guardians were also introduced in Hindu law: It was also accepted that the supreme guardianship of the minor children vested in the State as parens patrie and was exercised by the courts.Therefore file a petition in the courts for guardianship.

Dr J C Vashista (Advocate) 01 February 2014

I agree with the expert advise of Mr. Ramachary

Biswanath Roy (Advocate) 01 February 2014

According to Guardians and Wards Act after the death of father mother is the natural guardian of the children. If father and mother both are died paternal side can get guardianship taking approval from the court of law.

T. Kalaiselvan, Advocate (Advocate) 03 February 2014

Subsequent to the death of the father of the minor children, who had been the guardian and custodian of his children, his wife becomes the natural guardian to the minor children, however, if she is reluctant to look after or rare the children, you may apply to the court for guardianship under guardians and wards act.