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Report No. 83

6.35. Section 15-Joint guardians.-

In this context, it is of interest to note that it has been held1 that there is nothing in the Hindu law which prevents the Court from appointing more persons than one as guardians of the person of a minor. On this principle, in a Calcutta case2 the Court appointed a joint guardian in order to ensure that the undertaking taken from one guardian (mother) to bring up the children in the Hindu faith was properly carried out.3

It is not clear whether any provision of the Act of 1890 expressly provides now for joint guardians. However, joint guardians may conceivably come into existence under an appointment made under a will.

In a recent English case,4 it was laid down that where there were two unimpeachable parents who could be reasonably contemplated as capable of cooperating sensibly with each other over the children whom they both love, it would be in the interests of the children that a joint custody order be made.

We have no change to recommend in section 15.

1. Chironji v. Punarn Chand, 48 Indian Cases 75 (Nag).

2. Dwijapada v. Badeau, 20 Calcutta Weekly Notes 608 (620).

3. Konthalathammal v. RangnswamiUM, AIR 1924 Mad 327.

4. Jussa v. Jussa, (1972) 2 All ER 600 (603-604, 695), following W (JC), (1963) 3 All ER 459.



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




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