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Report No. 83

6.39. Questions for consideration.-

This is an outline of the statutory provisions that will fall for consideration in the course of our inquiry into the need for reform of the law relating to adjudications on guardianship in the context of section 17. The questions that we propose to consider in connection with section 17 and allied statutory provisions mentioned above may now be mentioned-

(1) appointment of guardia.- the relative importance to be attributed to the concept of "welfare of the minor" and other considerations mentioned in the various provisions;1

(2) welfare of the mino.- elaboration of this expression, as employed in the two Acts, so as to reflect the modem concept of the welfare of the child;2

(3) procedur.- vesting of a power in the Court to call for reports from the guardian or person vested with custody3

(4) custod.- the age upto which the custody of the minor should remain with the mother, in so far as the matter is regulated by a specific statutory provision.4

1. Paras. 6.40 and 6.48, infra.

2. Paras. 6.41 to 6.48, infra.

3. Para. 6.50, infra.

4. Para. 6.49, infra.



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




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