"RECENT TRENDS OF GUARDIANSHIP IN INDIA"- AN ANALYSIS

Abstract

The concept of guardianship in India is an old concept which is stated in the Shastras and also in the Quran but their objectives are different. The guardianship has played an important role for the development of the child. The main objective that is to be taken care is protection and welfare of the child. The concept of guardianship is governed under the legal framework of the provisions present in different personal laws i.e., Hindu Minority and Guardianship Act, 1956 , Guardianship and Wards Act, 1890 , Islamic laws and Parsi and Christian laws. There are many judicial interpretations which sometimes follow the laws and sometime it goes contrary to that which is a main matter of concern of my research work as sometimes they gave importance to the superior position of the Father and sometimes it is a welfare principle. The Muslim law has much emphasis on the Guardianship and wards Act, 1890 and they follow the same act for the guardianship laws as concern. They doesn’t have much distinction between the Shia and Sunni Schools on the topic of Guardianship because the original source of the same was found in the Quran itself. In the facets of the paper we will deal with the custody dispute which arised in the joint custody and how it is a shared parentage system works and how the courts are asserting the role of the parents in the life of the child as a guardian and in which situations the third person will appoint as a guardian and till what extent it would does he/she have the authority on the child and his/her assets.