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Report No. 83

6.7. Section 7 and guardian residing outside India.-

Commentaries on the Act discuss at some length the question whether a person residing out of India can be appointed as a guardian. The general consensus at present1 seems to be that the matter is in the discretion of the Court and a very rigid rule prohibiting the appointment of such a person would not be recognised.

Although many of the judicial decisions in this context relate to an application for custody under section 25, the principle would presumably be the same in relation to the wider jurisdiction to appoint a guardian under section 7. In this position, we do not consider it necessary to recommend any amendment on the subject. As to the appointment of institutions, the point will be considered later.2

1. P. Williams v. P.C. Martin, AIR 1970 Mad 427.

2. Para. 6.56, infra.

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

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