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Report No. 110

XI. Minor without Parent

5.60. Domicile of minor without parent.-

We now propose to consider a matter on which a specific provision is not, at present, contained in the Act, namely, domicile of a minor who has no parent, but has only a guardian. One writer1, dealing with the subject, has expressed his views thus:-

"It is submitted that no cogent reasons have been advanced why, as in the case of a parent, a change with the domicile of a guardian should not also bring about a change in the ward's domicile, unless by virtue of the change of domicile the guardian ceased to be guardian and the relation of guardian and child thereby disappeared. The discrimination between parent and guardian for the purposes of the resulting change of the minor's domicile overlooks the nature of both domicile and guardianship.

If domicile means the legal centre of a person's contacts and activities, could there be any better domicile in the case of a minor without parents than that of his or her guardian? If guardianship is a substitute for the relation of parent child, which substitute cannot be dispensed with in the interests of the child, why should the former not have the same range as the latter in respect of strictly legal issues such as those involved by the concept of domicile?"

1. See Sprio Domicile of Minors Without Parents, Vol. 5, International & Comparative Law Quarterly, 196.

5.61. Recommendation to insert new section as to minor who has no parent.-

We see considerable force in this reasoning and recommend that a suitable provision on the lines suggested by the writer quoted above1, should be inserted in the Act.

The new section could be in the following terms:

"14A. A change in the domicile of a guardian other than a parent brings about a change in the domicile of the word, unless, by virtue of the change of domicile, the guardian ceases to be guardian and the relationship of guardian and ward thereby ceases."

1. Para. 5.60, supra.



The Indian Succession Act, 1925 Back




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