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DECLARATION OF WILLINGNESS(Under Section 10(3), Guardians and Wards Ac
25-Jun-2025 (In Divorce Law)
I filed the gwop case in india for my two kids and i am currently in the US.Kids are currently living with my parents for 2+ years.i have only filed the petition application,i have not filed any declaration of willingness seperately with two witnessess attested- as per section 10(3) of guardians and petition act 1890.What should i do.Other party has also not filed any open declaration other than the petition under GWOP.In his petition ,but he has added me ,my parents as respondent.
First of all, I am wondering as to how your petition was numbered without the mandatory declaration of the willingness of the proposed guardian. However, that can be rectified by filing the necessary declaration at the earliest. Secondly, it is the applicant who has to include the declaration attested by at least two witnesses.
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Dr. S. Diraviam Dinesh
Chennai | 1000+ Answers
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Under Section 10(3) of the Act, a declaration of willingness to act as guardian, attested by two witnesses, is typically required. Since neither you nor the other party has filed this separately, and the other party has included your parents as respondents in their GWOP petition, immediate action is necessary.
You should promptly file a separate declaration of willingness with the court, duly attested by two witnesses, to comply with Section 10(3). This strengthens your position as a petitioner.
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Adv. Illamaran J
Chennai | 25+ Answers
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In your case under the Guardians and Wards Act, 1890, Section 10(3) requires that when someone applies to be appointed as a guardian, a written declaration of willingness to act as guardian should be filed, attested by two witnesses. This is a procedural requirement to ensure the guardian is taking responsibility knowingly.
Since you’ve already filed the GWOP petition but missed filing the declaration of willingness with attestation:
✅ Next Steps:
Immediately file a declaration of willingness, clearly stating your intention to act as guardian for your children.
Get it attested by two competent witnesses (preferably Indian citizens known to you or your family) and submit it through your counsel in India.
Mention that the children are already in the care of your parents, which supports your fitness and willingness to continue their guardianship from abroad.
Since the other party also hasn't filed a separate declaration, but only named you and your parents as respondents, it weakens their procedural compliance too.
Ensure your declaration is filed before evidence stage to avoid delays or objections.
Advocate Arjun Saravanan
Rajendra Law Office LLP
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Adv. Arjun S
Chennai | 100+ Answers
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