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Report No. 83

9.10. Effect of the section as judicially construed.-

The wording of the section is peremptory. But orders under the Act are intended for the protection and welfare of the minor, and the proceedings are not adversary in the usual sense. In a number of cases,1 orders as to custody, sanction of alienations and the like have been cancelled or modified by the Court to suit changed circumstances`2-3. The "finality" of the order is confined to a suit or any other form of litigation of a substantive character, and does not bear cancellation or modification of the order in appropriate cases.

1. See Harnam Singh v. Kamala Devi, AIR 1971 HP 25 (review cases).

2. Ram Harakh v. Jagannath, AIR 1932 All 5 (8).

3. Nagardas v. Anand, 1907 ILR 31 Born 590.

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

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