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Report No. 83

6.4. Section 7(1)-Criteria for exercise of the power.-

Section 7(1) empowers the Court to make an order as to guardianship, and may be described as the pivotal section in the entire Act. The power is to be exercised only for the welfare of the minor; for this reason, the introductory words of the section have been described as the keynote of the Act.1 The Court must be "satisfied" that the order should be made for the welfare of the minor.

Its satisfaction must be based on some material, and must not be illusory. In making an appointment of a guardian under the section, the Court will, of course, have to bear in mind the fact that the effect of an appointment would be to extend the period of minority.2

1. Sarat v. Girindra, (1911) 15 Cal WN 457 (459, 460).

2. Section 4(1), read with section 3 of the Indian Majority Act, 1875.

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

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