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Report No. 83

6.60. Section 19 to be made subject to section 25.-

One important modification is required in the law in order to maintain harmony with section 25. The latter section, dealing with applications for the custody of a minor, regards the welfare of the minor as the sole consideration. Even now, this is mentioned in section 25 and we propose to emphasise this aspect in dealing with section 25.1

No doubt, it is true that section 19 is concerned with the appointment or declaration of guardianship-a wide area-while section 25 deals with only one particular aspect of guardianship, namely, custody. However, for the sake of clarity, it is desirable to ensure that the welfare of the minor is the paramount consideration.

1. See discussion a to section 25, paras. 7.16 to 7.19, infra.

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

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