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Report No. 83

6.82. Summary of recommendation relating to section 19.-

To summarise recommendations made above in the discussion relating to section 19, amendment is required on the points enumerated below:-

(i) amending section 19 so as to apply the provisions of section 17 relating to welfare of the child;1

(ii) making it clear that in cases under section 25 in relation to orders as to custody,2 welfare of the minor is the paramount consideration. (This amendment3 will be made in section 25);

(iii) clarification that clauses (a) and (b) do not apply to the husband or father or mother4 making an application5 for being appointed or declared a guardian;

(iv) addition of the mother in clause (b);6

(v) excluding from clause (b) married females;7 and

(vi) excluding from clause (b) cases where by personal law, the father or mother8 is not the natural and legal guardian of the minor.9

1. Pam. 6.59, supra.

2. Para. 6.61, supra.

3. To be carried out under section 25. See para. 7.22, infra.

4. This is consequential on para. 6.65, supra.

5. Para. 6.65, supra.

6. Para. 6.66, supra.

7. Para. 6.68, supra.

8. Addition of the mother is consequential on para. 6.65, supra.

9. Para. 6.71, supra.



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




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