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Report No. 83

6.69. Need for amendment.-

The position is therefore in need of clarification. On the merits, it is in the interests of justice to provide that clauses (a) and (b) do not apply where the husband or father1 is the applicant for guardianship. Even where such a person is the natural guardian, he may well consider it desirable to be declared as a guardian, for reasons mentioned above.2

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

2. Para. 6.68, supra.

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

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