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Section 12 – The Guardians and Wards Act, 1890

The Guardians and Wards Act, 1890



12. Power to make interlocutory order for production of minor and interim protection of person and property.-


(1) The Court may direct that the person if any, having the custody of the minor, shall produce him or cause him to be produced at such place and time and before such person as it appoints, and may make such order for the temporary custody and protection of the person or property of the minor as it thinks proper.


If the minor is a female who ought not to be compelled to appear in public, the claiming to be her guardian on the ground of his being her husband, unless she is already in his custody with the consent of her parents, if any, or


Any person to whom the temporary custody and protection of the property if a minor is entrusted to dispossess otherwise than by due course of law any person in possession of any of the property




(i) By sub-section (1) of section 12, the Court is authorised to direct a person who has the custody of the minor but has not yet been appointed guardian to produce the minor in Court; Kirtikumar Maheshakar Joshi v. Pradip Karunashakar Joshi, AIR 1992 SC 1447.


(ii) If the Court has power under section 12 of the Act for the grant of temporary custody during the pendency of the proceedings it will have power as well to modify or vary that order if the circumstances so demand; Narinder Kaur v. Parshotam Singh, AIR 1988 Del 359.



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The Guardians and Wards Act, 1890


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