Report No. 83
6.48. Recommendation for amending the Act of 1890, section 17.-
In view of what we have stated above, we recommend that sub-section (1) of section 17 should be replaced by the following sub-sections:
"(1) In the appointment or declaration of the guardian of a minor, the welfare of the minor shall be the paramount consideration.
(1A) Subject to the provisions of sub-section (1), the Court shall, in appointing or declaring the guardian of a minor, have due regard to the law to which the minor is subject:
Provided that nothing in this sub-section shall affect the provisions of section 13 of the Hindu Minority and Guardianship Act, 1956"
Sub-section (2) of section 17 should be replaced by the following sub-sections:
"(2) In considering what will be for the welfare of the minor, the Court shall have regard to the age, sex and religion of the minor, the character and capacity of the proposed guardian, his educational competence and capacity for making the minor a healthy, happy and a useful individual of an all-round standard of education and his nearness of kin to the minor and any existing or previous relations of the proposed guardian with the minor or its property.
(2A) The wishes, if any, of a deceased parent may also be taken into consideration, but not so as to subordinate the factors mentioned in subsection (2)."