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Thursday, December 19, 2024

Need of declaration while filing Guardian OP in family courts

Many are familiar with the proceedings in the family courts which deals with the various matrimonial disputes. The custody and guardianship of minor children are also filed in family courts having respective jurisdictions. 

Apart from other original petitions that are filing in family court, the guardianship original petitions shall be accompanied by a declaration signed by 2 witnesses. The section 10 deals with form of application in filing a Guardianship Original Petition. The application preferred by one of the parent shall be by petition signed and verified in manner prescribed by the code of civil procedure for signing and verification of a plaint. 

Those details shall include the name, sex, religion, date of birth and ordinary residence of minor.
The nature situation and approximate value of the property if any of the minor;  the name and residence of the person having the custody or possession of the person or property of the minor etc. ought to have been included in the petition. 

The application must be accompanied by a declaration of the willingness of the proposed guardian to act and the declaration must be signed by him and attested by at least two witnesses.