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Report No. 83

6.80. Foreigners.-

There may be other cases where the rigid rule in section 19(b) would be inappropriate as conflicting with personal law. For example, in the case of a foreigner governed by another system of law, the Court will have regard to the system of law by which he is governed, which may not necessarily recognise any preferential status for the father,1 though the best interests of the child are paramount.2

1. Nugent v. Vetzera, (1861-1873) All England Reports (Reprint) 318.

2. (a) Kernot (in re:), (1964) 3 All England Reports 339 (343, 344) (Buckley, J.);

(b) B's Settlement (in re:), 1940 Ch 54;

(c) P. (in re:), (1964) 3 All ER 977 (983) (CA).

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

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