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Report No. 83

7.22. Recommendation.-

In the light of the above discussion, we recommend that section 25 should be revised as under:-

"25. Proceedings for custody of ward.- (1) If a ward leaves or is removed from the custody of a guardian of his person, or is not in the custody of the guardian though the latter is entitled to such custody, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian or to be placed in his custody, may make an order for his return, or for his being placed in the custody of the guardian, as the case may be.

(2) For the purpose of enforcing the order, the Court may exercise the power conferred on a Magistrate of the first class by section 97 of the Code of Criminal Procedure, 1973.

(3) The residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship.

(4) In making an order under this section, the Court shall regard the welfare of the ward as the first and paramount consideration.

(5) The Court shall not under this section make an order contrary to the wishes of a child of fourteen years or over, unless "the Court is satisfied that such an order is necessary by reason of special circumstances.

(6) In a proceeding under this section, the Court shall, wherever practicable, make an endeavour to secure the services of a woman, whether related to the parties or not, including a woman professionally engaged in promoting the welfare of the family, for the purposes of assisting the Court in discharging the functions imposed by the law on it.

(7) The provisions1 of this section shall apply notwithstanding any thing to the contrary contained in section 19."

1. See discussion relating to section 19, supra and para. 7.19, supra.

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

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