Section 49: Costs

Guardians and Wards Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1890

Legal Commentary & Landmark Judgments: Section 49

Section 49 regulates the awarding of costs in guardianship proceedings, conferring broad judicial discretion on the court to allocate costs having regard to the conduct of the parties.

  • Judicial Discretion Over Costs: The costs of any proceeding under this Act shall be in the discretion of the court.
  • Payment Out of Estate or Personal Funds: The court may direct costs to be paid out of the minor's estate, or personally by the applicant, guardian, or objector.
  • Compensatory Costs for Vexatious Claims: Empowers the court to impose heavy costs on parties who institute frivolous or malicious guardianship petitions.
Key Landmark Precedents:
  • Gaurav Nagpal v. Sumedha Nagpal (2009) 1 SCC 42: The Supreme Court held that in family and custody disputes, costs should not be awarded routinely against an unsuccessful parent unless the litigation was blatantly vexatious or abusive.
  • Nil Ratan Kundu v. Abhijit Kundu (2008) 9 SCC 413: Observed that genuine custody battles driven by parental affection should not be penalized with punitive costs under Section 49.
Courtroom Practice & Strategic Litigation Guidance:

Unless the opposite party's conduct is thoroughly dishonest (e.g., concealing living relatives or fabricating false abuse claims), courts generally order parties to bear their own costs in custody proceedings.