court can appoint another person to act as guardian of the minor
Emotional abuse is all of the following: Being shouted at Being sworn at Being spoken to in an unfriendly and disrespectful way. Being made to feel ashamed, small, foolish, embar'sassed, etc. Threatening of any kind. e.g. threatening to destroy a pet, kill THE MINOR, hurt someone that THE MINOR love, etc. Sarcasm and snide comments. Mocking/ridiculing/imitating/skitting/mimicking/impersonating Making fun of THE MINOR in any way - be it THE MINOr's hairstyle, weight, shape, clothes THE MINOR wear, what THE MINOR do, etc. Preventing THE MINOR/making it difficult for THE MINOR to contact and see THE MINOr's friends and family. Laughed at and given no sympathy when upset etc. Constant/daily criticism and put-downs. Name calling of any kind Putting THE MINOR down. e.g. saying that THE MINOR will amount to nothing, saying that they wish THE MINOR were never born, etc. Ignoring THE MINOR and refusing to associate and socialize with THE MINOR. Talking about THE MINOR and gossiping about THE MINOR behind THE MINOr's back Always blaming THE MINOR for mistakes, problems, and stuff that THE MINOR haven't caused and isn't THE MINOr's fault. Treating THE MINOR like a child and using baby talk towards THE MINOR if THE MINOR are a teenager or young adult. Making fun of THE MINOr's illness/medical condition/disability and/or saying negative comments on them. Making THE MINOR answer questions/say things that THE MINOR are not comfortable answering/saying. Intrusion e.g. invasion of privacy, asking THE MINOR intrusive personal questions, not respecting THE MINOr's privacy. Making THE MINOr's successes and achievements feel like failures ("Well, 94% might be an A, but THE MINOR should have gotten 100%). Invalidation of THE MINOr's opinions and beliefs. Constantly "shouldering" on THE MINOR: "THE MINOR should have done this; THE MINOR should be like him; THE MINOR should go into/would've gone into this profession, not that one." IF THESE THINGS AFFECT MINOR'S PSYCHOLOGICAL HEALTH . What would court do ?
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If court is satisfied that minor's all round welfare is not being taken care of,it can appoint new guardian.
Court can appoint another person as the guardian of the minor subject to recording its reasoned satisfaction of the guardian abdicating his duty.
'another person' said to be known to the minor(relatives, neighbors ) ? or court can select suitable person from anywhere for guardianship ?
Court may appoint any one as the guardian, albeit preference is given to the relatives of the minor.
Person interested to be appointed as guardian has to apply under Section 7 of Guardians & Wards Act,1889 and it is the court taking totality of case in the interest and welfare of the minor may appoint him.
in case minor doesnt want to stay with relatives and donot have any people he/she knows of.... can guardianship be given to any other adoptive person by court ? can people from public choose to apply Section 7 of Guardians & Wards Act,1889 to adopt a minor ?
Minor cannot at his whims and fancies seek change of guardian. Neither any member of public can apply to court for being appointed as guardian. There have to be legally sustainable reasons for changing the guardian.
what about children's homes ? can he/she be admitted there by court's judgement if everything's seems hostile ?
minor wont be admitted to children home . at most if case is made out court may change the guardian . member of public cannot apply to court for being appointed as guardian
what if there are no suitable persons to be with the minor ?
this is for my friend named kanchan aged 14 hails from uncultured family background and his family feels hostile toward him .wants to enjoy life like others do... so would he be admitted to orphanage if court finds no good people to be appointed being his good guardian ?