Guardians and Wards Act 1890:
N.K.Assumi
(Querist) 23 August 2008
This query is : Resolved
To apply for guardianship, application has
to be signed and verified as a plaint,so what should be the introductory heading. For eg, In the Court of District judge..
Inthe Matter of...
In the matter Between..etc
Can any one help me with the introductory heading?
Can Additional District Judge issue guardianshipb Certificate inspite of District judge?
The Indian Majority Age has fixed the majority age as 18 and 21 respectively, but some customs are different from the Indian majority Age fixed by it.So customs or majority Age prevails?
SANJAY DIXIT
(Expert) 23 August 2008
If the concerned District Judge has delegated the power to Additional District Judge, the ADJ can issue the guardianship certificate.In general DJ distributes the jurisdictions among ADJs.
For the other part of your querry, pls be more specific about the customs you are asking for.
Srinivas.B.S.S.T
(Expert) 23 August 2008
Sir if you can provide fuller details, may be i can send you a draft copy. Though the DJ delegates his power to ADJs but the filing can only be done in DJ Court and the matter will be committed to a ADJ court.
If you are claiming guardian ship of the minor only then you have to file a petition before the family court.
In case you are claiming guardianship of the minor as well as his property then the civil court i.e.,DJ court is the competent court having jurisdiction.
Murali Krishna
(Expert) 23 August 2008
Additional District Judge, is also District judge. He is additional to the existing DJ. He is not assistant district judge. Hence, he has the power to issue certificate. However, the case has to be filed before District Court only.
Indian Majority Act fixes the age as 21 for a minor to be major where a guardian is appointed. As far as my knowledge goes, there are no customary majority, since the concept of majority is alien to our society.
N.K.Assumi
(Querist) 24 August 2008
Yes i agree with you, but in Nagaland Article 371-A of the Constitution of India, holds the fields, and in this area the age specified by the Indian Majority Act can not over ride our Naga Customary practices, as some tribes in Nagaland take the age of 13-14 as the majority age.What is your opinion in this regard? Please dont think I am contradicting you rather take it that i am sharing the problems.
Murali Krishna
(Expert) 24 August 2008
Dear Assumi,
I request you to go through Sec 2 (b) of Majority Act, under which, the usage, religious practices are saved and the Majority Act is not applicable. Usage, and custom can have the same meaning. I am reproducing Sec.2 of Majority Act-1875
2. Savings.—Nothing herein contained shall affect—
(a) the capacity of any person to act in the following matters (namely),—marriage, dower, divorce and adoption;
(b) the religion or religious rites and usages of any class of citizens of India; or
(c) the capacity of any person who before this Act comes into force has attained majority under the law applicable to him.
I hope, this would clear the air.
