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Report No. 83

6.30. Section 12-Interim orders in cases under section 25-Recommendation.-

Where the proceeding is not for the appointment or declaration of a guardian, but for custody under section 25, there is some uncertainty on the question whether the interim orders for the protection of minor and interim order for protection of person and property described in section 12 can be legally made. Section 12, by its terms, is confined to the pendency of "guardianship" proceeding, according to one view;1 but according to another view,2 it is not so confined. One of the High Courts3 has, in order to advance the cause of justice, found out a via media by resorting to the inherent jurisdiction of the Court.

In our opinion, it is desirable to make an express provision, in section 12, recognising such a power (that is, a power of the nature provided for in section 12), in regard to proceedings under section 25.

We recommend accordingly.

1. Inder Singh v. Kartar, AIR 1929 Lah 487 (488).

2. 1957 MP Cases 202: 1957 Jab LJ 336, relying on Nazir Begum v. Gulam Quailir, AIR 1936 Lah 313.

3. Ruxmaniben v. Narmada, AIR 1962 Guj 227 (228), paras. 5, 6 (Bhagwati, J.).

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

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