(1) In the appointment of declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration.
(2) No person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor.
STATEMENT OF OBJECTS AND REASONS "This is another instalment of the Hindu Code and it deals with the law relating to minority and guardianship 2. Under the Indian Majority Act, 1875, a person attains majority on his completing the age of 18 years but if before the completion of that age he has a guardian appointed by the Court, he attains majority on completing the age of 21 years. That Act applies to all persons including Hindus but an exception is made with respect to the capacity of any person to act in the matter of marriage, dower, divorce and adoption Marriage and divorce have already been dealt with so far as Hindus are concerned and the definition of minor in the Bill will ensure that the age of majority is 18 for all practical purposes. 3. Guardians may be divided into three classes, namely,-
(1) natural guardians,
(2) testamentary guardians and
(3) guardians appointed under the Guardians and Wards Act, 1890, and the present Bill is supplemental to the Guardians and Wards Act, 1890, and deals with natural guardians and testamentary guardians incidentally abolishing de facto guardians. 4. The notes on clauses explain, wherever necessary, the various provisions contained in the Bill."
NEW DELHI;
The 13th March, 1953.