• Guardianship of orphan niece

I'm an Australian citizen with Overseas citizenship of India. I currently reside in Australia with my family. I have a niece in India who is an orphan. I want to apply for her guardianship and custody in the local district court on the basis of which I want to apply for a migration visa for her. Legally is it permitted for a non resident indian to have guardianship and custody of a minor relative ?
Asked 2 years ago in Family Law
Religion: Muslim

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10 Answers

A guardian is appointed for limited purpose till the minor attains majority for the propose of care of minor’s property. If you want take the minor to Australia you have to take the minor in adoption. For that you have to register under CARA. After registration with CARA you can go for in-country relative adoption and obtain approval from district Court in India.  On the basis approval from Court you will get her permanent visa and citizenship of Australia.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

Section 11 of Regulations –

  1. Both the parents may jointly, or, in the event of the absence of one due to death, divorce, legal separation, desertion or conviction, may singly apply for guardianship of their or as the case may be his ward beyond the age of 18 years.
  2. In the event of death, desertion, conviction of both the parents, the siblings (including half and step siblings) jointly or singly (reason of single application to be explained separately) may apply for guardianship of a disabled member of the family.
  3. In the event of non-application of sub-regulation (1) and (2) above, a relative may make an application for guardianship.
  4. In the event of non-application of sub-regulation (1), (2) and (3), any registered organization may make an application for guardianship.
  5. The Local Level Committee may direct a registered organization to make an application for guardianship in case of a destitute or abandoned person.

 

A person can apply for guardianship up until a child reaches 18 years of age unless the child has married. Guardianship should not be confused with custody, which is the day-to-day care of the child. Access is the right of a child and a parent and/or guardian who do not live together to spend time together.

No single male shall be considered as a guardian for a female ward and in the case of female wards, the male person shall be given co-guardianship with his spouse, who shall be master co- guardian.

 

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

Dear sir,

A guardian is appointed for a limited period i.e till minor attains majority. For taking the minor to australia you need to fulfill the formaliltis of adoption and regiter yourself in in CARA. After the registration is completed permission of district court would be required.

Thank You 

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

You have to make application to district court for being appointed as her guardian under provisions of guardian and wards act 

 

being non resident does not dis entitle you to be informed appointed as her guardian 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Yes. There is no such infirmity. You can file for guardianship for your niece, even if you're an OCI holder.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Yes you can apply for the same. Which city is she residing

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

There is no concept of adoption among Muslims 

 

at most you can be adopted as her guardian by court orders

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

There's no provision for adoption under Muslim personal law neither in the general law. 

Hence you can ask only for custody and guardianship as G & W Act. 

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

- Adoption is not permitted in the personal laws of Muslims, and hence for adoption one should approach the court for guardianship of a child through the Guardians and Wards Act, 1890. 

- Yes, it is permitted to NRI to adopt ,however he will have to complete the formalities personally after visiting India

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Yes it can be taken care 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

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