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Report No. 83

6.83. Recommendation for revising section 19.-

To carry out the points made above, we recommend that section 19 should be revised as under:-

Revised section 19

"19. Restrictions as to appointment or declaration of guardian.-(1) Nothing in this Chapter shall authorise the Court to appoint or declare a guardian of the property of a minor whose property is under the superintendence of a Court of Wards, or to appoint or declare a guardian of the person of a minor whose property is under the superintendence of a Court of Wards competent to appoint a guardian of the person of the minor.

(2) Nothing in this Chapter shall authorise the Court to appoint or declare a guardian of the person-

(a) of a minor who is a married female and whose husband is not, in the opinion of the Court, unfit to be guardian of her person, or

(b) of a minor, who is not a married female, and whose father or mother is living and is not, in the opinion of the Court, unfit to be guardian of the person of the minor:

Provided that

(i) in determining the question whether a person is unfit to be a guardian with reference to clause (a) or clause (b) of this sub-section, the welfare of the minor as explained in section 17 shall be the paramount consideration;

(ii) nothing in clause (a) or (b) of this sub-section shall apply to a case where the husband or the father or the mother, as the case may be, applies for being appointed or declared a guardian; and

(iii) nothing in clause (b) of this sub-section shall apply to a case where the father or the mother, as the case may be, is by the law to which the minor is subject, the natural guardian of the person of the minors1".

1. Besides this amendment of section 19, section 25 will be amended to ensure that the provisions of that section (section 25) apply notwithstanding anything contained in section 19.



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




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