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Report No. 133

2.6. Procedural sections in Act of 1890.-

The actual proceedings before the court functioning under the Guardians and Wards Act can assume a variety of forms. For the present purpose two sections of that Act are of importance from the procedural point of view. These are sections 19 and 25. Section 19 is invoked when the petitioner before the court seeks orders regarding the appointment or declaration of a person as guardian. Section 25 is invoked when the petitioner before the court, while not seeking the appointment or declaration of guardianship as such, desires to obtain from the court orders as to the custody of a minor.

As is well known the concept of "guardianship" is much wider than that of "custody". Of course, guardianship includes custody also, an aspect which incidentally is recognised in the Hindu Minority and Guardianship Act in section 4(b) when it provides, inter alia, that the word "guardian" means a person having the care of the person of a minor or of his property or of both.

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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