(1) Where the Court is satisfied that it is for the welfare of a minor that an order should be made—
(a) appointing a guardian of his person or property, or both, or
(b) declaring a person to be such a guardian,
the Court may make an order accordingly.
(2) An order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument, or appointed or declared by the Court.
(3) Where a guardian has been appointed by will or other instrument, no order under this section appointing or declaring another person to be guardian in his stead shall be made until the powers of the guardian appointed or declared by will or other instrument have ceased under the provisions of this Act.
Legal Commentary & Landmark Judgments: Section 7
Section 7 of the Guardians and Wards Act, 1890 empowers the District Court to appoint or declare guardians for the welfare of a minor.
The judicial determination under Section 7 is governed strictly by the paramount consideration of the minor's welfare.
Section 7 transforms the court into the supreme protector of the minor. In practical child custody litigation, petitions framed under Section 7 require the court to conduct a holistic factual inquiry into the domestic environment, financial stability, emotional bonding, and educational facilities provided by the competing applicants, prioritizing child security over biological seniority.