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Report No. 257

4. Substitution of New Section for Section 25 - In the principal Act, for section 25, the following section shall be substituted, namely:-

"25. Proceedings for custody of ward.

(1) Notwithstanding anything contained in section 19, if a ward leaves or is removed from the custody of a guardian of his person, or is not in the custody of the guardian entitled to such custody, the court, if it is of the opinion that it will be for the welfare of the ward to return to the custody of his guardian or to be placed in his custody, may make an order for his return, or for his being placed in the custody of the guardian, as the case may be.

(2) For the purpose of enforcing the order, the court may exercise the power conferred on a Magistrate of the first class by section 97 of the Code of Criminal Procedure, 1973.

(3) The residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship.

(4) In making an order under this section, the court shall have regard to the welfare of the ward as the paramount consideration.

(5) The court shall not make an order under this section in respect of a child of fourteen years or over, without taking into consideration the preference of the child."

Reforms in Guardianship and Custody Laws in India Back

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