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Under the Guardians and Wards Act, 1890, what condition applies for appointing a guardian for a married female minor ?

  • A.The husband must be declared legally incompetent
  • B.The husband must be considered unfit by the Court
  • C.The parents must apply jointly for such appointment
  • D.The husband must consent to such appointment

Answer: B

A guardian can be appointed only if the husband is considered unfit by the Court.

Section 19(a) of the Guardians and Wards Act, 1890 says the court is not authorised to appoint or declare a guardian of the person of a minor who is a married female and whose husband is not, in the opinion of the court, unfit to be guardian of her person. So while a fit husband is alive, he is her guardian and the court cannot appoint anyone else; only the court's finding that he is unfit opens the way.

The Act does not ask for a declaration of legal incompetence, a joint application by the parents, or the husband's consent.

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