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Report No. 133

Removal of Discrimination against Women in Matters Relating to Guardianship and Custody of Minor Children and Elaboration of the Welfare

Contents
Chapter I Introduction
Introduction
Chapter II Title Present Law
Judicial orders as to custody
Section 6 of the Hindu Minority and Guardianship Act, 1956
Section 13, Act of 1956
Qualifications to provision regarding natural guardians
Guardians and Wards Act, 1890
Procedural sections in Act of 1890
Sections of the Act of 1890 quoted
Chapter III The Need for Spelling Out Some Important Considerations in the Application of the Welfare Principle and for Amplification of the Relevant Provisions to this End
Need for Spelling Out Some Important Considerations in the Application of the Welfare Principle and for Amplification of the Relevant Provisions to this End
Andhra Pradesh Case
Earlier Bombay Case
Later Bombay cases
Delhi Case
Another Delhi Case
Gujarat Case
Mysore Case
A Case from Peshawar
Punjab Case
Rajasthan Case
Allahabad Case
Chapter IV 'What' Changes are Required to be made in the Existing Law and 'Why'?
'What' Changes are Required to be made in the Existing Law and 'Why'?
Recommendation for amending the Act of 1956, section 6
Need for amendment as to custody
Need of mother's care for child of tender age
Amplification of the welfare principle
Ordinarily a minor not to be obliged to stay with his or her step-mother
In considering the claim of grand-parents, whether they are paternal grand-parents or maternal grand-parents is a matter of no consequence
Natural guardian of an adopted son and adopted daughter
Chapter V Recommendations
First Recommendation
Second Recommendation
Third Recommendation
Fourth Recommendation
Fifth Recommendation
Sixth Recommendation


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