PROOF UNDER THE GUARDIAN AND WARDS ACT, 1890
By Prudhivi Renuka Sai & Pernapati Pavan Kumar
(Students, BA. LL.B., Damodaram Sanjivayya National Law University, Visakhapatnam)
| Abstract The term “guardianship” refers to a set of rights and responsibilities an adult has regarding a child’s person and property. In contrast, the term “custody” refers to the day-to-to-day care and management of the minor and their upbringing. The Guardians and Wards Act, 1890 regulates guardianship and custody issues for all children living inside the Indian subcontinent, regardless of their religious affiliation, who is still a minor throughout their adult years. The Guardians and Wards Act, 1890 governs most aspects of guardianship and custody. Bearing in mind the importance of the Act and its implications, it is necessary that a decision taken by a court concerning the guardianship of a minor or his property or both should be carefully managed and is crucial. Hence, it becomes a valuable duty of the courts regarding the admission of evidence under the guardianship act. In this article, the researcher will analyze and understand the nature of proof and evidence accepted or admitted under that the guardians and wards act, 1890, and discuss the liabilities of such evidence with the help of rules made under the guardians and wards Act and the applicable law of evidence provisions. The researcher will also peruse the burden of proof for the above sad evidence under the guardians and wards Act, 1890. |
| Keywords Guardianship, Custody, Burden of Proof. |
| Type | Research Paper |
| Information | Lex Humanitariae: Journal for a Change, Volume III Issue I, Pages 271-284 |
| DOI Link | https://doi-ds.org/doilink/04.2022-19339745/lexhumanitariae/V3I1/A33 |
| ISSN | 2582-5216 |
| Creative Commons | This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. |
| Copyright | © 2022- Lex Humanitariae: Journal for a Change |