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Section 24: Duties of guardian of the person

Guardians and Wards Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1890
Section 23 All 53 Sections of Guardians and Wards Act Section 25

Legal Commentary & Landmark Judgments: Section 24

Section 24 defines the statutory duties of a guardian of the person, obligating the guardian to look after the minor's custody, support, health, education, and moral upbringing.

  • Physical Custody & Support: A guardian of the person is charged with the custody of the ward and must look to his support, health, and education.
  • Moral & Social Development: Obligates the guardian to provide suitable moral training, religious education, and professional preparation suitable to the minor's station in life.
  • Residential Control: The ward must reside with the guardian, subject to the court's overarching authority to regulate residence under Section 26.
Key Landmark Precedents:
  • Gaurav Nagpal v. Sumedha Nagpal (2009) 1 SCC 42: The Supreme Court analyzed Section 24, ruling that custody is not mere physical possession but encompasses the holistic emotional, physical, moral, and intellectual development of the minor.
  • Rosy Jacob v. Jacob A. Chakramakkal (1973) 1 SCC 840: The Supreme Court held that a guardian who neglects the child's schooling, medical care, or emotional stability forfeits the right of custody under Section 24.
Courtroom Practice & Strategic Litigation Guidance:

In cross-examination of a custodial parent, probe Section 24 obligations: inquire into school attendance records, medical check-ups, extracurricular activities, and emotional bonding to establish whether the custodian is diligently discharging statutory duties.

Section 23 All 53 Sections of Guardians and Wards Act Section 25