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Report No. 83

5.2. Amendment recommended in section 4A.-

The section seems to require modification in one respect. The exercise of jurisdiction under the Act-particularly, in adjudicating questions of custody-requires mature judgment and often involves the balancing of delicate considerations. It is therefore desirable that the power should be vested only in senior judicial officers.

As the nomenclature of the subordinate judiciary varies from State to State, it is not possible to make provision confining it to judicial officers of a particular designation, but it would bE appropriate if the jurisdiction is confined to judicial officers who exercise unlimitec original civil jurisdiction. Such unlimited jurisdiction is in all States exercisec only by senior judicial officers. Accordingly, we recommend that in section 4A in sub-section (1), for the words "exercising original civil jurisdiction", the word; "exercising unlimited original civil jurisdiction" should be substituted. of the Hindu Minority and Guardianship Act, 1956

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

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