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Report No. 83

6.42. Second question-Elaboration of "welfare of the child".-

This disposes of the first question. As to the second question posed above1 (welfare of the child), section 17(2) of the Act of 1890 states the matters to which the Court shall have regard in determining whether the appointment of a person as guardian would, or would not, be for the welfare of the minor. These matters are age, sex and religion of the minor and the existence of previous relations of the proposed guardian with the minor or his property. These are all matters personal to the minor. If the minor is old enough to form an intelligent preference, that preference may also be taken into account.

1. Para. 6.39, supra.

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

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