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Report No. 83

6.68. Object of section 19 and its proper scope.-

Nevertheless, we see force in the view expressed in certain other judicial decisions1 to the effect that all that section 19 means is that if a third party applies, he shall not be appointed or declared a guardian of the person of a minor and that2 the section does not restrict the right of the father or husband to be appointed as guardian, because such an appointment may confer on him higher rights than what he has as the natural guardian and because, in dealing with the outer world, the certificate of the Court confers a greater importance on his power than he possesses as the natural guardian. In fact, in the Madras case3 of 1925, there is a hint that the drafting of the present section is defective.

1. Kamini Mayi v. Bhushan, AIR 1926 Cal 1193 (1194).

2. Raghavaiya v. Lakshmiah, AIR 1925 Mad 398.

3. Also the mother, if para. 6.66 is accepted.

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

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