Lawgist17Matters to be considered by the Court in appointing guardian
(1) 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.
(2) In considering what will be for 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 a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
(3) If the minor is old enough to form an intelligent preference, the Court may consider that preference.
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(5) The Court shall not appoint or declare any person to be a guardian against his will.
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1. Sub-section (4) omitted by Act 3 of 1951, s. 3 and the Schedule.
- 5 [Omitted.]
- 6 Saving of power to appoint in other cases
- 7 Power of the Court to make order as to guardianship
- 8 Persons entitled to apply for order
- 9 Court having jurisdiction to entertain application
- 10 Form of application
- 11 Procedure on admission of application
- 12 Power to make interlocutory order for production of minor and interim protection of person and property
- 13 Hearing of evidence before making of order
- 14 Simultaneous proceedings in different Courts
- 15 Appointment or declaration of several guardians
- 16 Appointment or declaration of guardian for property beyond jurisdiction of the Court
- 17 Matters to be considered by the Court in appointing guardian
- 18 Appointment or declaration of Collector in virtue of office
- 19 Guardian not to be appointed by the Court in certain cases
