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Report No. 133

Fourth Recommendation

Grand-parents shall have equal claim in the matter of appointment of guardian of a minor irrespective of whether they are paternal grand-parents or maternal grand-parents.

5.4. In considering the question of appointment of guardian of the person and property of a minor and entrustment of the custody of a minor, the circumstance whether the grand-parents are from the 'paternal' side or 'maternal' side should be disregarded. The paternal grand-parents on the one hand and maternal grandparents on the other hand shall be treated at par having 'equal' claim to be appointed in this behalf subject to the paramount consideration regarding the welfare of the minor.

(See para. 4.6)

Removal of Discrimination against Women in matters relating to Guardianship and Custody of Minor Children and elaboration of the Welfare Principle Back

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