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Report No. 81

Chapter 3


3.1. Section 3-Guardianship of children.-

This takes us to section 3 of the Act of 1856 which deals with guardianship of the children of the deceased husband of a Hindu widow who re-marries. The section reads:-

"3. Guardianship of children of deceased husband on the re-marriage of the widow-On the re-marriage of a Hindu widow, if neither the widow nor any other person has been expressly constituted by the will or testamentary disposition of the deceased husband the guardian of his children the father or the mother or paternal grandmother, paternal grandfather of the deceased husband, or any male relative of the deceased husband, may petition the highest Court having original jurisdiction in civil cases in the place where the deceased husband was domiciled at the time of his death for the appointment of some proper person to be guardian of the said children, and thereupon, it shall be lawful for the said Court, if it shall think fit, to appoint such guardian who when appointed shall be entitled to have the care and custody of the said children, or of any of them during their minority, in the place of their mother and in making such appointment the court shall be guided, so far as may be, by the laws and rules in force touching the guardianship of children who have neither father nor mother:

Provided that, when the said children have no property of their own sufficient for their support and proper education whilst minors, no such appointment shall be made otherwise than with the consent of the mother unless the proposed guardian shall have given security for the support and proper education of the children whilst minors."

Hindu Widows Re-marriage Act, 1856 Back

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