guardian ad litem

Guardian ad litem (guardian for the litigation)

Guardian ad litem means ‘guardian for the litigation’

‘ad litem’ is a Latin term.

This guardian is acting like a ‘curator.’

Under the Indian Civil Procedure Code the suit, on behalf of the minor, should be instituted by the ‘next friend’ of that minor. He/she is guardian for the litigation of the minor (or guardian ad litem).

In the normal court practice, the ‘guardian ad litem’ is shortly used as ‘GAL’.

In some western countries, he is called as Attorneys for the child (or AFC).

Guardian ad litem is the ‘care taker’ of the child (or minor).

Such guardian ad litem shall act solely for the welfare of the minor child.

As he is the guardian for litigation of the minor child, he cannot sell or otherwise dispose of the minor’s property.

The Indian Majority Act 1875 (the oldest Act still in force) says ‘every person domiciled in India shall attain the ‘age of majority’ on completion of 18 years (i.e. at the beginning of 18^th anniversary or on his/her 19^th Birthday) and not before, unless the personal law specifies otherwise and in the matter of religious rites and usages.

The personal law of the minor person applies only respect of his/her marriage, divorce, dower, adoption.

A ‘minor’ under Mohammaden Law is a person who has attained puberty.

Puberty: In the case of a boy is the 15^th year of the boy; in the case of a girl on her 15^th year or on the date on her actual attainment of puberty, whichever is earlier. (Note: this is only for his/her marriage, dower and divorce; in other matters the Indian Majority Act 1875 will apply).

Under old traditional Hindu Law, the majority of a Hindu minor was 15 years in South India and 16 years in the other parts of India. After the passing of the Hindu Minority and Guardianship Act 1956 the majority age of the majority is on completion of 18 years.

Under the Hindu Marriage Act 1955 (original Act) the age of valid marriage was fixed at 18 for the boys and 15 for the girls. Subsequently by the Child Marriage Restraint (Amendment) Act in the year 1978, this age limit has been raised to 21 for the boys and 18 for the girls.

The Guardians and Wards Act 1890

Under this Act the District Courts (and also the Chartered High Courts) are having power to appoint guardian of the minors (of his person or property or both), who belong to any religion.