(1) In appointing or declaring the guardian of a minor, the Court shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor.
(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor, the wishes, if any, of a deceased parent, and any existing or previous relations of the proposed guardian with the minor or his property.
(3) If the minor is old enough to form an intelligent preference, the Court may consider that preference.
(4) [Sub-section (4) omitted by Act 3 of 1951, s. 3 and the Schedule.]
(5) The Court shall not appoint or declare any person to be a guardian against his will.
Legal Commentary & Landmark Judgments: Section 17
Section 17 of the Guardians and Wards Act, 1890 defines the statutory matters to be considered by the court in appointing a guardian, enshrining child welfare.
Sub-section (5) enacts that the court shall not appoint or declare any person to be a guardian against his will.
Section 17 establishes that children are not proprietary assets of warring parents. In every custody battle under Section 17, Family Court judges conduct in-chamber interactions with the child, review psychological evaluation reports from court counselors, and assess stability of school environments before determining whether sole, shared, or joint custody serves the child's paramount interest.