Introduction:

In a significant move to protect the interests of minors, particularly those who are orphaned or vulnerable, the Delhi High Court has laid down comprehensive guidelines for courts to follow when handling guardianship applications and safeguarding children’s properties. Justice Subramonium Prasad emphasized the necessity for courts to act with compassion and adopt a sympathetic approach in such cases, recognizing that children in these situations are helpless victims of circumstances. He highlighted the critical role of the judiciary in ensuring that minors’ assets are not misappropriated by unscrupulous relatives, stating that courts must be zealous guardians of minors’ properties.

Judgement:

The court directed that any application filed by the District Magistrate for guardianship over a minor child’s property should be placed before the Family Court already dealing with the child’s guardianship to avoid conflicting directions and ensure speedy disposal. It was mandated that interim orders necessary to protect the child’s property be passed expeditiously, preferably within four weeks from the date of application, in compliance with Section 12 of the Guardians and Wards Act, 1890. Furthermore, Family Courts are instructed to adopt a child-centric approach by appointing separate counsel on behalf of the child to ensure that the child’s views are duly considered. The guardian is required to submit yearly accounts to the concerned Family Court, which will oversee these accounts to ensure transparency and accountability.

The court also noted that the pendency of an application for protecting a child’s property should not hinder the process of adoption if the child is eligible under the Juvenile Justice Act, 2015, and the Adoption Regulation 2022. In cases involving multiple siblings, the State is tasked with protecting the interests of the minor siblings by defending and instituting any necessary claims or suits on their behalf. Additionally, when there are legal heirs other than the orphaned child, the District Magistrate is responsible for safeguarding the child’s interests by contesting and instituting appropriate proceedings under applicable guardianship laws, personal laws, and civil procedures.

This directive came in response to petitions filed by children seeking protection of their properties, which they claimed were being misused. The court had previously instructed the Delhi Government to frame and implement guidelines to ensure timely action by all state organs to protect children’s rights and welfare. The guidelines framed by the Child Welfare Committee (CWC) were considered by the court, which then directed the Delhi Government to adopt these guidelines for use by the relevant authorities. The court emphasized that these directions must be scrupulously followed and instructed the registry to circulate the order to all concerned courts.