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Report No. 83

6.63. Case law.-

In Chander Prabha v. Premnath, AIR 1969 Del 283, the Delhi High Court, while awarding custody of a male child below live years to the mother, observed:-

"The child under five years of age, in our opinion, needs most the tender affection, the caressing hand and the company of his natural mother and neither the father nor his female relations, however close, well meaning and affectionate towards the minor, can appropriately serve as a proper substitute for the minor's natural mother. This is consistent with the role of nature and, in normal circumstances, deserves to be noted and acted upon."

Occasionally, however, section 19(b) does receive the construction that if the father is not unfit, he cannot be deprived of custody.1-2 For this reason, it is desirable to amend section 25 as indicated above.

1. Snehlata Mathur v. Mahendra Narain, AIR 1979 Raj 29.

2. Reginald v. Sarojam, AIR 1969 Mad 365.

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

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