Grant of guardianship To maternal grandfather or paternal aunt

AIR 2013 BOMBAY 29

Rajan Chawla v. Lisbon John Miranda. 

Guardianship Petition No. 25 of 2012.

D/-6-12-2012 

(A) Guardians and Wards Act (8 of 1890), S. 17-Grant of guardianship To maternal grandfather or paternal aunt Father of child was in jail custody for being accused of murdering mother of child-Grandfather took child to his residence on date of incident and had since cared for her Aunt was not self moti- vated and filed guardianship petition only on instructions of jailed father - Grand- father satisfied all parameters of S. 17- Guardianship of minor children granted to maternal grandfather.

AIR 2009 SC (Supp) 732 and AIR 1992 Patna 76, Relied on. (Paras 3, 5, 7, 15, 29)

(B) Guardians and Wards Act (8 of 1890), S. 17- Matters to be considered by Court in appointing guardian - Age -Child was less than 4 years of age- At such tender age, she should have been left to grow where she was accustomed, which was her grandfather's place- Appoint- ing aunt as guardian would have required child to be uprooted from her present environment and abode Guardianship granted to maternal grandfather. (Para 18) 

(C) Guardians and Wards Act (8 of 1890), S. 17- Matters to be considered by Court in appointing guardian Sex It is not appropriate to give guardianship of female child to single male guard- ian having no females in residence- But grandfather's family was close knit, happy family Grandfather appointed as guardian of minor. (Para 19)

(D) Guardians and Wards Act (8 of 1890), S. 17- Matters to be considered by Court in appointing guardian-Reli- gion Father was Roman Catholic and mother, Hindu Mother had refused to convert to Christianity Whatever was child's upbringing until death of her mother, she had been cared for in Hindu family since her death Giving guardianship to aunt and thrusting another religion over child would have caused stress and trauma upon minor-Grandfather's family was ideal for child's upbringing- Guardianship granted to grandfather. (Paras 20, 21, 22)

(E) Guardians and Wards Act (8 of 1890), S. 17- Matters to be considered by Court in appointing guardian-Char- acter and capacity-Grandfather's char- acter was not in dispute - He had dem- onstrated his capacity and intention by his action but Aunt did not - Child was suf- ficiently provided for by grandfather - Income of aunt or even consent of uncle was not stated - Guardianship granted to grandfather. (Paras 23, 26)

(F) Guardians and Wards Act (8 of 1890), S. 17- Matters to be considered by Court in appointing guardian-Near- ness of kin - Maternal grandfather was closer kin of minor than married paternal aunt-Guardianship granted to grand- father. (Para 24)

(G) Guardians and Wards Act (8 of 1890), S. 17- Matters to be considered by Court in appointing guardian Wish of deceased parent - Deceased Hindu mother wished her child to follow Hindu- ism - Wish was demonstrated by her re- fusing to convert to Christianity Grandfather's family followed Hinduism Grandfather appointed as guardian in respect of person and properties of minor child. (Para 25)