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Report No. 83

7.17. Defect in present language.-

The present language of the section does not carry out the intention. The word "remove" in its literal meaning means "take off or away from the place occupied, convey to another place, change situation of, get rid of, dismiss". There is no particular definition given in the Act. Doubt will persist as to its exact scope, if it is not clarified. The language of section 25 should, therefore, be widened to provide an adequate remedy for the guardian of the minor to have his right declared to the custody of the minor and to have his right enforced by adopting the machinery provided in the Act.



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




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