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Report No. 83

7.19. Welfare of minor.-

Fourthly, it should be emphasised that the minor's welfare is the paramount consideration1 in proceedings, under section 25. This criterion is already indicated in sub-section (1) by the words "if it will be for the welfare of the ward to return to the custody". However, it would be proper to re-emphasise this aspect.2

1. (a) Rosy Jacob v. Jacob A. Chakramakkal, AIR 1973 SC 2090, para. 7.16, supra;

(b) Harichand v. Virbala, (1974) 15 GLR 499;

(c) Manjit Singh v. Bakshish Singh, AIR 1952 Punj 129 (reviews cases).

2. See also discussion relating to section 19 (Chapter 6, supra).

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

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