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Report No. 83

7.11. Section 25-Title of guardian to custody of ward.-

Section 25, bearing the marginal note "Title of guardian to custody of ward", contains three sub¬sections. Sub-section (1), which is concerned with the ward leaving or being removed from the custody of a guardian of the person, empowers the Court to make an order for the return of the ward to the custody of the guardian, if such order will be for the welfare of the minor. It also empowers the Court to "cause the ward to be arrested and to be delivered into the custody of the guardian".

Sub-section (2) confers on the. Court, for the purpose of "arresting the ward", the powers of a Magistrate of the first class under section 100 of the Code of Criminal Procedure, 1882-now section 97 of the Code of Criminal Procedure, 1973.

Sub-section (3) provides that the residence of a ward against the will of the guardian with a person who is not the guardian does not, of itself, terminate the guardianship.

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

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