High Court issues guidelines on guardianship applications, protection of children’s properties

The Delhi High Court has issued comprehensive guidelines for courts to follow when handling guardianship applications and protecting the properties of children, especially those who are orphaned or vulnerable.

Justice Subramonium Prasad said the courts must act with “compassion and a sympathetic attitude” when dealing with such cases. He noted that children who are “helpless victims of circumstances” require special attention from the judiciary.

The court underscored the critical role of judges in safeguarding minor’s assets, stating, “Courts are zealous guardians for the protection of properties of minors.”

It warned against relatives with ill-intent, adding, “Efforts must be made to ensure that the properties are immediately secured so that they are not frittered by unscrupulous relatives who like vultures want to prey on the meagre belongings…on which only they have the rights.”

In cases where the District Magistrate files an application for guardianship of a minor’s property, the High Court directed that it be placed before the Family Court already handling the child’s guardianship to ensure consistency and speedy resolution.

The court also ordered that “interim orders necessary to protect the property of the child be passed expeditiously, preferably within a period of four weeks from the date of application filed in compliance of Section 12 of the Guardians and Wards Act, 1890 (GAW) Act.”

Family Courts were urged to adopt a child-centric approach, including appointing “a separate counsel on behalf of the child to ensure that the views of the child are duly considered.” The High Court also directed that guardians must file yearly financial statements, which the Family Court must review.

Where a child is eligible for adoption under the Juvenile Justice Act, 2015, and the Adoption Regulation, 2022, the court said the property protection proceedings “may not be in any way allowed to hinder the process of adoption.”

In cases involving siblings, the state is to defend and institute any claims on their behalf. For cases with other legal heirs, the District Magistrate must “duly protect the interest of the child(ren)” through appropriate legal action.

The court directed that these guidelines be followed strictly and circulated to all courts concerned.

Delhi