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Report No. 83

6.75. Section 19(b)-Equal status to be conferred on mother.-

The next point is concerned with clause (b) of section 19. The preference given by section 19(b) is confined to the father. In view of the changed approach which we have recommended1 in relation to the rights of each parent, it is necessary that the preference given in this clause to the father should be extended to the mother also, and she be placed on an equal footing with him.

Accordingly, we recommend that in section 19(b), after the existing word "father", the words "or mother" should be inserted. It may be noted in this context that the principle underlying section 19(b) has been held even now to apply to a mother as well as to a father, though with lesser force.2

1. See discussion relating to section 17, supra (paras. 6.40 to 6.48). Also see paras. 6.66 and 6.69.

2. Sumitra Bai v. Subhadra Bai, AIR 1925 Nag 178 (179).

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

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