Section 7
of Guardianship of Infants Act
Section 7
(1)
On the death of the father of an infant, the mother, if surviving, shall, subject to the provisions of this Act, be guardian of the infant, either alone or jointly with any guardian appointed by the father. When no guardian has been appointed by the father, or if the guardian appointed by the father is dead or refuses to act, the court may, if it thinks fit, appoint a guardian to act jointly with the mother.
(2)
On the death of the mother of an infant, the father, if surviving, shall, subject to the provisions of this Act, be guardian of the infant, either alone or jointly with any guardian appointed by the mother. When no guardian has been appointed by the mother, or if the guardian appointed by the mother is dead or refuses to act, the court may, if it thinks fit, appoint a guardian to act jointly with the father.
(3)
Where an infant has no parent, no guardian of the person and no other person having parental rights with respect to him, the court may, on the application of any person, if it thinks fit, appoint the applicant to be the guardian of the infant.
Power of father and mother to appoint testamentary guardians.