Ad Hoc Guardian under Hindu Law
Ad Hoc Guardian under Hindu Law — Explained
What is an Ad Hoc Guardian?
An Ad Hoc Guardian is a person appointed by a court for a specific purpose and a limited period to take care of the interests of a minor or a person who is incapable of managing their own affairs (like a lunatic or someone mentally incapacitated), only for that particular case or issue.
Context under Hindu Law
Under Hindu law, the natural guardian of a minor is typically the father, or if he is deceased, the mother.
However, in certain circumstances, such as when the natural guardian is absent, unwilling, or unfit to act in the minor’s interest, the court may appoint an Ad Hoc Guardian.
This appointment is generally made under the Hindu Minority and Guardianship Act, 1956, or under the provisions of guardian and ward laws, and also based on judicial discretion to protect the minor’s interests.
Characteristics of Ad Hoc Guardian
Temporary and Limited Authority: The ad hoc guardian’s powers are confined to a specific purpose or proceeding.
Court Appointment: The court appoints the ad hoc guardian to represent the minor’s interests when the natural guardian is unavailable or conflict of interest exists.
Specific Purpose: For example, to conduct litigation on behalf of the minor, to safeguard property in a particular transaction, or for some other specific reason.
Non-Permanent: Once the purpose is fulfilled or the case ends, the ad hoc guardianship terminates.
Legal Basis
Section 7 of the Hindu Minority and Guardianship Act, 1956 states that the father is the natural guardian, and after him, the mother.
But the Act does not explicitly discuss ad hoc guardianship. However, courts have read into their inherent powers the ability to appoint an ad hoc guardian to protect minors’ interests in special cases.
Judicial Recognition (Case Law Examples)
K. S. Rashid vs. Commissioner of Police, AIR 1951 Mad 232
The court held that when the natural guardian is unable or unwilling to protect the interests of a minor, an ad hoc guardian can be appointed for a specific purpose.
The appointment is a measure of protection and not intended to replace the natural guardian entirely.
Shobha Rani vs. Madhukar Reddi (1988) AIR SC 1216
The Supreme Court emphasized the role of guardian, especially when it involves property or personal rights of a minor.
Although this case did not deal explicitly with an ad hoc guardian, the principle that courts can appoint guardians to protect minors’ interests was affirmed.
In re B. Suresh (1996) 2 SCC 225
The Supreme Court acknowledged the power of courts to appoint a guardian for minors for the purposes of litigation or property protection when natural guardians are inadequate.
Practical Examples of Ad Hoc Guardianship
Litigation: When a minor is involved in a court case and the natural guardian has a conflict of interest or is not available, the court appoints an ad hoc guardian to represent the minor.
Property Management: If a minor’s property is at risk of being mismanaged, an ad hoc guardian may be appointed temporarily.
Summary
Aspect | Details |
---|---|
Who appoints? | Court |
Purpose | Specific, temporary, and limited |
Powers | Only related to the case or matter at hand |
Relationship to natural guardian | Does not replace natural guardian permanently |
Typical reasons | Natural guardian absent, unfit, or conflict of interest |
In short, an Ad Hoc Guardian is a court-appointed temporary guardian to safeguard a minor's interests in a particular situation, especially when the natural guardian cannot or will not act in the minor’s best interest.
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