Guardianship
amol
(Querist) 02 May 2012
This query is : Resolved
whether an application (Misc Application in the civil court) for seeking custody of a child can be filed by a third person i.e. by an aunt (mavshi) under the Guardians and wards act under the circumstances when a legitimate father and mother of a child both are expired and grandfather and grandmother are alive. she is in custody of a aunt after her mother's death , father died before mother, real uncle of a minor child is issueless couple so whether grandma / fa and uncle fight for guarian ship and custody or what stand shold they take as aunt has already filed a appli against them pls explain according to recent position of law Adv Amol Joshi
Raj Kumar Makkad
(Expert) 02 May 2012
Yes. Those have better right than Movshi (sister of mother). The basic point before the court in such matters remains welfare of the child and while going upon this basic rule position, the court cannot ignor that real uncle and aunt are issueless and thus they are provided the custody of their minor niece, definitely the couple shall provide their full love and affection over the child and further more the child shall be grown in the traditions of the family.
The child shall also feel concerned with his inherited properties if he is grown up by his uncle and grandfather/mother.
Shonee Kapoor
(Expert) 03 May 2012
Yes, such proceedings can be initiated,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 04 May 2012
welfare of child is of major consideration, and here , issue less uncle may look after the child well. So he stand better chance then mavsi.
MohammedRaffiq Bijapur
(Expert) 05 May 2012
Welfare of the child is paramount consideration in guardianship proceedings instead of technicality.
