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The Hon'ble Court while examining various judgements of Supreme Court and High courts on Conjugal rights held that ?In such circumstances, there can be no manner of doubt that conceptually the wife can be said to be best suited to be the guardian of her husband who is under a state of incapacity or disability on ...
In guardianship, the court (clerk of superior court) decides who will be responsible for managing a person's affairs and/or property. The court could appoint a non-family member as a guardian.
The Probate Code dictates and prioritizes persons who are eligible to become guardians. The ward's spouse is entitled to be the guardian before any other individual. If there is no spouse or if the spouse declines or is unable to serve, then the next of kin is the next eligible individual to serve as guardian.
The Law: Section 6 of India's Hindu Minority and Guardianship Act, 1956 provides that the natural guardian of a Hindu minor boy or unmarried girl is the father, and only after him, the mother. It also provides that the guardian of a married minor girl is her husband. Section 6.
Procedure for Getting Guardianship A parent or relative requires to move an application (Form-A) under Rule 16 (i) to the Local Level Committee asking for appointment of a Guardian. The Form-A has details regarding the: Person with Disability (Name, age, nature of disability, address)