"Welfare" in HMGA, 1956 defined

Supreme Court in its recent order has said that the "Welfare" mentioned in the Hindu Minority and Guardianship Act, 1956 has to be construed literally and must be taken in its widest sense. It has stated that the moral, ethical as well as the physical well being of the child has to be considered before appointing a Guardian. In considering what will be the Welfare of the minor, the court shall have regard to the age, sex and religion of the minor, the characters and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property. And if the minor is old enough to form an intelligent preferences, then the court may consider that preferences.

The Court shall not appoint or declare any person to be a guardian against his (her) will. Thus in the above referred case Justice Sathasivam in the appeal filed by Shyamrao Maroti Korwate against the order of the Bombay High Court allowed the appeal appointing the appellant, the grandfather of the child as guardian of the minor child in place of the father of the child, who got remarried after the death of his first wife and was also having another child through the second wife.