The law behind the Orissa guardianship ruling: the Guardians and Wards Act of 1890

Background

The Orissa High Court's ruling that a Muslim mother may be appointed guardian of her minor child's property rests on the Guardians and Wards Act, 1890.
The Act is a secular, procedural law that lets a competent court appoint a guardian for a minor's person or property whatever the minor's religion.
Section 7 of the Act is the power to make an order of guardianship, and Section 17 sets out the matters a court must consider in choosing a guardian.
Section 29 restricts a guardian appointed by the court from dealing with the ward's immovable property without the court's permission.
Section 31 governs how that permission is sought and granted, including the conditions a court may attach.
Under the Act, a court-appointed guardian derives authority from the order of the court and not from personal law.