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Section 15: Appointment or declaration of several guardians

Guardians and Wards Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1890
Section 14 All 53 Sections of Guardians and Wards Act Section 16

Legal Commentary & Landmark Judgments: Section 15

Section 15 empowers the court to appoint two or more joint guardians for a minor, and regulates the appointment of separate guardians for the minor's person and the minor's property.

  • Joint Guardianship: If the court thinks fit, it may appoint two or more persons to be guardians of the person or property, or of both, acting jointly.
  • Separate Person & Property Guardians: Permits the court to appoint one person to be guardian of the person and another to be guardian of the property.
  • Order of Succession on Death: On the death of one joint guardian, the guardianship continues in the survivor or survivors until a further order is made.
Key Landmark Precedents:
  • Yashita Sahu v. State of Rajasthan (2020) 3 SCC 67: The Supreme Court recognized shared parenting and joint guardianship concepts under Section 15, holding that a child is entitled to the love, affection, and active guidance of both parents.
  • Amyra Dwivedi v. Abhinav Dwivedi (2021) 4 SCC 698: The Supreme Court directed joint custodial arrangements under Section 15, ensuring frequent visitation and joint decision-making for schooling and healthcare.
Courtroom Practice & Strategic Litigation Guidance:

In contentious parental custody disputes where outright sole custody to one parent would alienate the other, propose a joint guardianship model under Section 15: residential custody to one parent with joint legal guardianship for major educational, travel, and medical decisions.

Section 14 All 53 Sections of Guardians and Wards Act Section 16