PRELIMINARYCentral

Section 4 of The Guardians and Wards Act, 1890

Definitions.

In this Act, unless there is something repugnant in the subject or context,--

(1)"minor" means a person who, under the provisions of the Indian Majority Act, 1875, (9 of 1875) is to be deemed not to have attained his majority:
(2)"guardian" means a person having the care of the person of a minor or of his property, or of both is person and property:
(3)"ward" means a minor for whose person or property, or both, there is a guardian:
(4)"District Court" has the meaning assigned to that expression in the 1Code of Civil Procedure (14 of 1882), and includes a High Court in the exercise of its ordinary original civil jurisdiction: 2[(5) "the Court" means--
1. (a)the District Court having jurisdiction to entertain an application under this Act for an order appointing or declaring a person to be a guardian; or
2. (b)where a guardian has been appointed or declared in pursuance of any such application--
  1. (i)the Court which, or the Court of the officer who, appointed or declared the guardian or is under this Act deemed to have appointed or declared the guardian; or
  2. (ii)in any matter relating to the person of the ward the District Court having jurisdiction in the place where the ward for the time being ordinarily resides; or
3. (c)in respect of any proceeding transferred under section 4A, the Court of the officer to whom such proceeding has been transferred:]
(6)"Collector" means the chief officer in charge of the revenue administration of a district, and includes any officer whom the State Government, by notification in the Official Gazette, may, by name or in virtue of his office, appoint to be a Collector in any local area, or with respect to any class of persons, for all or any of the purposes of this Act: 3* * * *; and
(8)"prescribed" means prescribed by rules made by the High Court under this Act.

Summary

A minor is someone who has not reached the age of majority according to the Indian Majority Act, 1875.
A guardian is a person who cares for the minor as a person, cares for their property, or cares for both.
A ward is a minor who has a guardian for their person, their property, or both.
A District Court has the meaning given in the Code of Civil Procedure and includes a High Court using its ordinary original civil jurisdiction.
The Court refers to the specific District Court handling the application, the court that appointed the guardian, the court where the ward lives for personal matters, or a subordinate court if a case is transferred to it under Section 4A.
A Collector is the main revenue officer of a district or a specifically appointed officer.

Practical examples

1Sunita is 15 years old, which means she is legally a "minor" under the Indian Majority Act. Because her uncle manages her inherited bank accounts and living arrangements, he is her "guardian", and Sunita is considered his "ward".

2A guardianship case in Mumbai is filed directly in the Bombay High Court. Even though it is a High Court, it counts as a "District Court" under this law because it is exercising its ordinary original civil jurisdiction over the matter.

FAQ

1. How does this law decide if someone is a minor?

It relies on the rules found in the Indian Majority Act, 1875 to determine if a person has reached majority.

2. Can someone be a guardian if they only manage a child's money but do not live with the child?

Yes, a guardian is defined as someone having the care of the minor's person, their property, or both.

3. What does "the Court" mean in this law?

It usually means the District Court dealing with the case, but it can also mean a lower court if the case was officially transferred to them.

4. Who qualifies as a Collector?

The chief officer in charge of the revenue administration of a district, or someone specifically appointed to that role by the State Government.

Test yourself

1.How does Section 4 of The Guardians and Wards Act, 1890 define a "minor"?

2.Under Section 4 of The Guardians and Wards Act, 1890, which of the following best describes a "guardian"?

3.When Section 4 of The Guardians and Wards Act, 1890 defines "the Court", how does it account for the rules in Section 4A?

4.According to Section 4 of The Guardians and Wards Act, 1890, what makes a minor a "ward"?

5.Under Section 4 of The Guardians and Wards Act, 1890, can a High Court ever be considered a "District Court"?

3PreviousSection 3 Saving of jurisdiction of Courts of Wards and Chartered High Courts.4ANextSection 4A Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers.

←Section 3 Section 4A→