Delhi High Court Issues Directions For Considering Applications For Guardianship, Protection Of Properties Of Children

The Delhi High Court has issued guidelines to be followed by Courts for considering the applications for guardianship and for protection of the properties of children.Justice Subramonium Prasad observed that the case of children who are helpless victims of circumstances must be dealt with compassion and a sympathetic attitude and approach must be adopted by the Courts.“Courts are zealous guardians for the protection of the properties of minors and 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 that have been left behind for them on which only they have the rights,” the Court said. It ordered that the application filed by the District Magistrate for guardianship over a minor child's property should be placed before the Family Court which is already dealing with the application of guardianship of the child to avoid conflicting directions and speedy disposal of application.“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 GAW Act,” the Court said. It further said that Family Courts should adopt a child- centric approach and that a separate counsel on behalf of the child be appointed to ensure that the views of the child are duly considered.“The Family Court must keep the case pending till the child attains the age of majority. The guardian should be asked to submit yearly accounts to the concerned family court and the family court should also oversee the accounts and statements as filed by the guardian,” the Court said. It added that where the child is eligible for adoption in accordance with the JJ Act, 2015 and the Adoption Regulation 2022, the pendency of an Application for protecting the child's property may not be in any way be allowed to hinder the process of adoption.The Court further said that where there are two or more siblings, the State would protect the interest of the minor siblings and defend and institute any and all claims, suits on their behalf. “In cases where there are legal heirs other than the orphaned child, the District Magistrate shall duly protect the interest of the child(ren) by contesting and instituting such proceedings as may be applicable under the applicable guardianship laws, personal laws and civil procedure,” it said.The Court was dealing with two petitions filed by various children seeking protection of properties belonging to their, claiming that the same were being frittered away. Earlier, the Court had directed the Delhi Government o frame and implement guidelines to ensure timely action of all the organs of the state to protect the rights and for the welfare of children.It had suggested the counsel appearing for the CWC to frame guidelines for safeguarding the property rights of orphaned children in Delhi.The Court considered the guidelines framed by the CWC and directed the Delhi Government to frame the guidelines to be followed by the concerned authorities.“Courts are directed to ensure that the directions are scrupulously followed. Registry is directed to circulate this Order to all the concerned Courts,” the Court said. Title: MASTER G THROUGH LEGAL GUARDIAN & ANR v. STATE (NCT OF DELHI), HOME DEPARTMENT & ANR.Citation: 2025 LiveLaw (Del) 417Click here to read order

Delhi High Court Issues Directions For Considering Applications For Guardianship, Protection Of Properties Of Children

Nupur Thapliyal

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