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Report No. 81

3.2. Effect of section 3 and the Act of 1956.-

In effect, section 3 empowers1 the specified relatives to apply to the court for guardian ship of the children of the deceased husband-not expressly confined to the children of the marriage-unless a testamentary guardian has been appointed. In this connection, it is necessary to point out that the matter is now fairly amply covered by the Hindu Minority and Guardianship Act2. Re-marriage of a female as such is no disqualification for guardianship under that Act.

1. Para. 3.1, supra.

2. Cf. section 6(2), Hindu Minority and Guardianship Act, 1956.

Hindu Widows Re-marriage Act, 1856 Back

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