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Report No. 83

6.54. Questions formulated at the outset how disposed of.-

For the sake of convenience, we may at this stage record briefly how the recommendations made above dispose of the questions that we had formulated1 while commencing our discussion of section 17:

(i) On the first question (relative importance of each consideration), we have preferred the progressive approach (minor's welfare to be paramount) and recommended its incorporation in the Act of 1890.

(ii) On the second question (elaboration of the concept of "welfare of the minor"), we have considered it proper to add to the content of section 17 of the Act of 1890. (This amendment will presumably become applicable to the Act of 1956 also).2

(iii) On the third question (procedure), we have recommended an improvement in the Act of 1890.

(iv) On the fourth question (custody), we have recommended an amendment in the Act of 1956, raising the age to 12 years.

1. Para. 6.39, supra.

2. Cf. section 2, Hindu Minority and Guardianship Act, 1956.

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

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