Report No. 83
4.8. Section 4(2) applicable to all guardians.-
It is now fairly well settled1 that the definition of "guardian" is applicable to guardians of all classes-natural testamentary and certificated though, of course, the definition does not include a guardian for marriage (wherever such guardianship continues under personal law), or a guardian ad litem.
This much is clear from the present wording of the definition, since it is requisite in the definition that a person, in order to be a "guardian", must have the "care" of the person or property of the minor. The of the Hindu Minority and Guardianship Act, 1956 emphasis placed on "care" seems to have been derived from the original anglo¬saxon word "weardian" (to watch or to guard).
1. Ratan v. Bishan, AIR 1978 Born 190 (Chapter 6).