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Report No. 83

6.51. Need for amendment as to custody.-

Legislative history of the provision1 in the Act of 1956 relating to custody is of interest. Though the mother, in regard to her position as a natural guardian, is postponed to the father, yet the Act lays down, as already stated, that the custody of a minor upto five years shall ordinarily be with the mother. In the original Bill, the age proposed was three years, but the Select Committee raised it to five years.2 Even this enhancement did not satisfy all persons.

Some Members of Parliament felt that the age should be further raised. A lady member3 of the Select Committee wanted the custody of the minor to be with the mother till the minor attained majority. Another lady member wanted it to be raised to twelve. The two other male members wanted it to be raised to ten and thirteen respectively. Our proposal3 that the age of custody should be raised to twelve is, therefore, not new.

1. Para. 6.45, supra.

2. Joint Committee on The Hindu Minority and Guardianship Bill (March, 1955) Report, clauses.

3. E.g. Shreemati Seeta Pramanand (List of amendments).

4. Para. 6.50, supra.

The Guardians and Wards Act, 1890 and Certain Provisions of the Hindu Minority and Guardianship Act, 1956 Back

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