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Report No. 83

1.7. Shelley's Guardianship.-

This is the modern approach, though this position has been reached after some struggle. For example, in England the two children of the poet Shelley from Harriet were left in the care of a guardian other than himself1 by an order of the Court-though not without some difficulty. To Shelley and his friends, the decision appeared an example of the "tyranny of priests and laws",2 impelling him to leave England permanently. But the Court had to pronounce the decision because Shelley's moral and atheistic ideas were considered a serious disqualification for exercising the rights of the father.

1. Shelley v. Westbrook, 1817 Jac 260 and Shelley v. Westbrook, 1821 Jac 266, followed in Thomus v. Roberta, (1850) 3 De G&S 758.

2. Chambers Encyclopaedia, Vol. 12, p. 471.



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




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