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Checking relevance for ABC VS State (NCT of Delhi)...

ABC VS State (NCT of Delhi) - 2015 5 Supreme 347 : Section 7 of the Guardians and Wards Act, 1890 provides the court with the power to make an order regarding guardianship of a minor if it is satisfied that it is for the welfare of the minor. Specifically, the court may appoint a guardian of the minor''''s person or property, or both, or declare a person to be such a guardian. An order under this section implies the removal of any guardian who has not been appointed by will or other instrument, or appointed or declared by the court. Additionally, where a guardian has already been appointed by will or by court order, a new order appointing another guardian cannot be made until the powers of the existing guardian have ceased under the provisions of the Act.Checking relevance for NIL RATAN KUNDU VS ABHIJIT KUNDU...

NIL RATAN KUNDU VS ABHIJIT KUNDU - 2008 0 Supreme(SC) 1205 : Section 7 of the Guardians and Wards Act, 1890 states: ''''7. Power of the court to make order as to guardianship.-(l) Where the court is satisfied that it is for the welfare of a minor that an order should be made- (a) appointing a guardian of his person or property, or both, or (b) declaring a person to be such a guardian, the court may make an order accordingly. (2) An order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the court. (3) Where a guardian has been appointed by will or other instrument or appointed or declared by the court, an order under this section appointing or declaring another person to be guardian in his stead shall not be made until the powers of the guardian appointed or declared as aforesaid have ceased under the provisions of this Act.''''Checking relevance for Thrity Hoshie Dolikuka VS Hoshiam Shavaksha Dolikuka...

Thrity Hoshie Dolikuka VS Hoshiam Shavaksha Dolikuka - 1982 0 Supreme(SC) 137 : Section 7(1) of the Guardians and Wards Act, 1890 states that where the Court is satisfied that it is for the welfare of a minor that an order should be made, the Court may appoint a guardian of the person or property of the minor, or both, or declare a person to be such a guardian. This section empowers the Court to appoint a guardian of the person or property of the minor when the Court is satisfied that it is in the minor''''s welfare to do so.Checking relevance for Jasmeet Kaur VS State (NCT of Delhi)...

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Rosy Jacob VS Jacob A. Chakramakkal - 1973 0 Supreme(SC) 124 : Section 7 of the Guardians and Wards Act provides that in appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor. 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 character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of the deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property. If the minor is old enough to form an intelligent preference, the Court may consider that preference.Checking relevance for Javeriya Fatma VS State of Uttar Pradesh...

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SHOBHA KSHIRSAGAR VS JANKI KSHIRSAGAR - 1987 0 Supreme(MP) 38 : Section 7 of the Guardian and Wards Act, 1890 empowers the Court to make an order as to guardianship when it is satisfied that it is for the welfare of a minor. The Court may appoint a guardian of the minor''''s person or property, or both, or declare a person to be such a guardian. An order under this section implies the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the Court. However, where a guardian has been appointed by will or other instrument or appointed or declared by the Court, an order appointing or declaring another person as guardian in their stead shall not be made until the powers of the previously appointed guardian have ceased under the provisions of the Act.

Summary of Section 7 of the Guardians and Wards Act, 1890

• Section 7 - Custody of Minor This section pertains to the legal provisions for seeking custody of a minor. It allows a guardian or a person interested in the welfare of the minor to file a petition for custody before the appropriate court. The section emphasizes that the court's jurisdiction to decide custody matters depends on factors such as the minor's residence and the best interests of the child.Main points:
• The section specifies the court's authority to grant custody of a minor.
• It highlights the importance of jurisdiction, often linked to the minor's residence (as seen in references to Section 9).
• It provides a legal mechanism for guardians or interested parties to approach the court for custody orders.References:

• ["Dheeraj VS Chetna Goswami - Allahabad"], ["K. R. Sujatha VS B. V. Ravikumar - Karnataka"], ["Nishi Kant Jha Son of Shiv Nandan Jha VS Sanjay Kumar Jha son of Sri Dinesh Chandra Jha - Patna"], ["Nishi Kant Jha VS Sanjay Kumar Jha - Patna"] (discussions on jurisdiction and custody petitions under Section 7).

• Legal Interpretation and Application Courts have interpreted Section 7 as granting the power to decide custody based on the minor’s welfare, with jurisdiction often determined by residence or other relevant factors. For example, petitions under Section 7 have been rejected or accepted based on jurisdictional grounds and the child's best interests.Insights:

• The section forms the basis for custody disputes, with courts emphasizing jurisdictional clarity.

• It is frequently invoked in family law cases involving custody and guardianship.

• Procedural Aspects Petitions under Section 7 are filed in family courts, and the courts are empowered to make custody decisions, including temporary custody, considering the child's welfare. The section also interacts with other laws like the Hindu Marriage Act and the Juvenile Justice Act, influencing custody proceedings.

Analysis and Conclusion

Section 7 of the Guardians and Wards Act, 1890, is a vital legal provision that empowers courts to decide on the custody of minors, prioritizing their welfare while emphasizing jurisdictional clarity. It provides a procedural framework for guardians or interested parties to seek custody orders, with courts considering factors like residence and the child's best interests. Its interpretation has evolved through judicial rulings to ensure that custody decisions are fair, lawful, and centered on the child's well-being.