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Section 13: Hearing of evidence before making of order

Guardians and Wards Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1890
Section 12 All 53 Sections of Guardians and Wards Act Section 14

Legal Commentary & Landmark Judgments: Section 13

Section 13 prescribes the judicial procedure for hearing the guardianship application, directing the court to examine evidence and determine whether appointing a guardian is for the welfare of the minor.

  • Summary Hearing Standard: On the day fixed for hearing, the court shall hear such evidence as may be adduced in support of or in opposition to the application.
  • Welfare Determination: The court must determine whether the proposed guardian is suitable and whether making an order is for the welfare of the minor.
  • Evidence on Affidavits / Cross-Examination: Permits the court to receive evidence by affidavits under CPC Order XIX or direct oral examination of parties and witnesses.
Key Landmark Precedents:
  • Nil Ratan Kundu v. Abhijit Kundu (2008) 9 SCC 413: The Supreme Court held that a hearing under Section 13 cannot be treated as an adversarial property suit; the court must actively inquire into the child's living conditions and psychological health.
  • Gaurav Nagpal v. Sumedha Nagpal (2009) 1 SCC 42: The Supreme Court held that courts must make an objective comparative evaluation of the competing homes to determine which environment best advances the child's physical, moral, and emotional welfare.
Courtroom Practice & Strategic Litigation Guidance:

At the Section 13 hearing, place objective evidence on record: school progress reports, medical records, photographs of living quarters, and financial proof of adequate schooling funds, while avoiding petty matrimonial character assassination.

Section 12 All 53 Sections of Guardians and Wards Act Section 14