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Report No. 83

6.67. Section 19, clauses (a) and (b),-Application by father or husband.-

Coming first to clauses (a) and (b), there is a controversy as to whether the person to whom preference is given by clause (a) or clause (b) (husband or father, as the section stands at present) can himself apply for being appointed or declared as a guardian. Many judicial decisions have taken the view that section 19 bars an application by such preferred persons.1-7

1. (a) Sukhdev v. Ram Chander, AIR 1924 All 622;

(b) Siddiq Unnisa (Mt.) v. Nizamuddin, AIR 1932 All 215 (217).

2. Bai Tara v. Mohanlal, AIR 1922 Bom 405.

3. (a) Lakshamau v. Alia Vira, AIR 1925 Mad 1085 (Baneaan & Jackson, JJ.);

(b) Dnkshinamurthi re:), (1969) 1 MLJ 845.

4. Dhan Kumari v. Mahendra, AIR 1923 Nag 1919 (2000).

5. Taj Begum (Mt.) v. Ghulam, Rasul, AIR 1923 Lah 250 (father cannot be appointed).

6. (a) Chandra Kaur (Mt.) v. Chhotey Lal, AIR 1925 Oudh 282 (father cannot be appointed);

(b) S. Ahmad Agha v. Zohra (Mt.), AIR 1925 Oudh 421 (father cannot be appointed);

(c) Md. Saddig v. Wafati, AIR 1948 Oudh 51 (53) (father cannot be appointed).

7. Raghavaiya v. Lakshmiah, AIR 1925 Mad 398 (Venkatasubba Rao & Jackson, JJ.).

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

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