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Report No. 83

V. Consideration to be Taken Into Account in Appointing a Guardian Under Section 17 and Under The Act of 1956 and The English Law

6.37. Section 17-Matters to be considered by the Court in appointing a guardian.-

We now come to a section of the Act which is perhaps the most important provision in the Act-section 17. The section deals with the matters to be considered by the Court in appointing a guardian.

The subject matter has assumed greater importance because of the modern debate as to the relative importance1 to be attributed to each of the various factors that come up for consideration-the welfare of the minor, his or her personal law and rights of the guardian thereunder and the fitness of the parent or other person claiming to be the guardian. Certain aspects of the matter are dealt with in section 19 also.

It should also be noted that legislation passed in 1956 and applicable to Hindus on the subject of guardianship has a provision indicating a slightly different approach in this context.2 Even that legislation, as viewed in the light of current notions, seems to be inadequate in certain respects.3

1. Para. 1.8, supra.

2. Section 13, Hindu Minority and Guardianship Act, 1956 (para. 6.42, infra).

3. Para. 6.50, infra (section 6).

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

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