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Report No. 83

6.59. Section 19 to be either deleted or to be made subject to section 17.-

The first and most fundamental question to be considered is how much of section 19 should be retained. In this connection, we would like to reiterate1 the approach which we have indicated-that the minor's welfare ought to be the paramount consideration in proceedings for the appointment of a guardian.

Section 17, understood in the above light and particularly after the amendment recommended by us, is intended to leave the discretion of the Court untrammelled by any other consideration-or, at least, to make other considerations subordinate to the minor's welfare. In contrast, section 19 is intended to fetter the discretion of the Court in certain respects. The case where there is a Court of Wards may perhaps be regarded as a special one.

But in other respects the restriction in section 19 needs modification. In this position, one alternative would be to delete section 19 altogether. But if that course is considered too radical or not acceptable for any other reason, certain modifications are required so as to ensure that section 19 is at least subject to section 17 and to effect certain other improvements which appear to be needed.

1. See discussion as to section 17, supra (paras. 6.40 to 6.48).

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

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