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Report No. 83

1.12. Legislative trends in family law and to regard to children.-

Students of family law are well aware of certain interesting developments in that sphere of law. Recognition of the peculiar nature of proceedings involving disputes concerning the family,1 and the emergence of a new set of values with reference to the equality of status2 of women along with increasing emphasis on the rights of the child, have led to certain important developments in family law. So far as the subject of guardianship and custody of children is concerned, the trend of legislative and judicial attitudes in recent times may be briefly adverted to.

1. See also para. 1.10, supra.

2. Goldstein and others Beyond the Best Interests of the Child, (1973), p. 66.

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

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