Guardian ship act
DARISI GURU PRASAD
(Querist) 23 October 2011
This query is : Resolved
Can a father of a minor son can obtain guardianship of his son, when the mother took divorce from him, wherein the mother herself is the petitioner.
Devajyoti Barman
(Expert) 23 October 2011
Your query is not clear to me.
However any of the parents of the child can apply for custody of the child. If the natural parents are living and they are sane person there is no need to apply for guardianship.
Sailesh Kumar Shah
(Expert) 24 October 2011
There is no need to take guardianship of your own son.
prabhakar singh
(Expert) 24 October 2011
The query does convey what the problem before author is?
M V Gupta
(Expert) 24 October 2011
Father is the natural guardian for the person and property of the minor child. Hence no need for him to apply for guardianship certificate. However since the wife is divorced and if the son is less than 7 years old, he may have to apply for the custody of the son.
DARISI GURU PRASAD
(Querist) 25 October 2011
I convey thanks for the above experts. Sir, I request you to kindly provide the citations if any in this regard, more particularly on the aspect explained by Sri MV Gupta.
Devajyoti Barman
(Expert) 26 October 2011
Read the Act itself. You understand yourself.
