The law relating to guardian and wards in British India

 
9781130788563: The law relating to guardian and wards in British India
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 Excerpt: ...court perty of a ininor whose property is under;„ certain cases-the superiritendence of a Court oi Wards, or to appoint or declare a guardian of the person--(a) of a minor who is a married female and whose husband is not, in the opinion of the Court, unfit to be guardian of her person, or, 1 In the matter of Saithri, I. L. R., 16 Bom., 307. a Ibid. 3 Ibid. In the matter of Joshy Assam, I. L. R., 23 Cal., 290. (b) subject to the provisions of this Act with respect to European British subjects, of a minor whose father is living and is not, in the opinion of the Court, unfit to be guardian of the person of the minor, or (c) of a minor whose property is under the superin tendence of a Court of Wards competent to appoint a guardian of the person of the minor. 4 Notes. This section protects the. rights of husbands and fathers, and declares that no one can be appointed guardian of the person of a minor when the husband cl. (a), or father cl. (6) is not unfit. There is a question whether this section has not, by implication, given to a Mahamedan husband a right to the custody of his minor wife even though she may not have attained puberty. The Court would, however, having regard to Mahamedan law, probably treat a husband as unfit to be guardian of the person of his immature wife.1 Cases.--A ' minor under the jurisdiction of the Court of Wards' means a person of whose estate the Court of Wards has actually assumed the management, not a person of whose estate the Court of Wards might, with the sanction of the Government, take charge.2 CHAPTER III. DUTIES, RIGHTS AND LIABILITIES OF GUARDIANS. General. 20. (1) A guardian stands in a fiduciary relation to his ward, and, save as provided by tbe will or gulrf"anato wardnof otaer instrument, if any, by which he ...

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