Question

Under the Guardians and Wards Act, 1890, what condition applies for appointing a guardian for a married female minor?

• A. The husband must be declared legally incompetent
• B. The husband must be considered unfit by the Court
• C. The husband must consent to such appointment
• D. The parents must apply jointly for such appointment

Hint:

Under the 1890 Act, the husband is the "natural guardian" of a minor wife. The Court only appoints a substitute if it determines the husband is "unfit."

Answer 1

The Correct Option is B

Step 1: Understand the setting.
We are under the Guardians and Wards Act, 1890. The question is about appointing a guardian for a married female minor. We need the special condition the law requires.

Step 2: Who is the natural guardian of a minor wife?
In law, the husband is generally treated as the natural guardian of his minor wife. So the court does not lightly replace him with someone else.

Step 3: Look at Section 19.
Section 19 of the Act says the court shall not appoint a guardian for a married minor girl if her husband is, in the court's opinion, fit to be her guardian.

Step 4: Turn this around.
This means the court can step in and appoint another guardian only when it forms the opinion that the husband is unfit to act as guardian. Unfitness is the trigger.

Step 5: Test the wrong options.
Option A (declared legally incompetent) sets a higher bar than the law needs. Option C (husband must consent) is not the requirement, as his unfitness is what matters. Option D (parents apply jointly) is not mentioned in the section at all. So A, C, and D are wrong.

Step 6: Confirm option B.
The exact condition is that the court must consider the husband unfit. That matches option B word for word.

Step 7: Final answer.
\[ \boxed{\text{The husband must be considered unfit by the Court}} \]