Discussion
A guardian who has been deprived of the custody of his wards, has the following remedies open to him :
(1) Writ of habeus corpus within the original civil jurisdiction of a High Court
(2) Application to a Magistrate under Section 97, 98 of Criminal Procedure Code 1973
(3) Regular suit by guardian for custody of the ward
(4) No need to recourse to legal action
Codes :
Answer: B
The keyed answer is (1), (2) and (3) are correct and (4) is incorrect.
A guardian wrongfully deprived of the custody of a ward has several legal remedies. He can seek a writ of habeas corpus from the High Court for the production of the ward. He can apply to a Magistrate under the Code of Criminal Procedure, whose Sections 97 and 98 provide for search of persons wrongfully confined and for the restoration of abducted women and minor girls. And he can file a regular suit for recovery of the custody of the ward, or seek an order under the Guardians and Wards Act.
Statement (4), that there is no need to resort to legal action, is plainly wrong, since self-help is not a lawful remedy. So the code accepting (1) to (3) and rejecting (4) is the right one.
Post your comment
Please log in or register to post a comment.
Examination Categories
- SSC Exams
- Banking Exams
- Teaching Exams
- Civil Services Exams
- Railways Exams
- Engineering Recruitment Exams
- Defence Exams
- State Government Exams
- Police Exams
- Insurance Exams
- Nursing Exams
- Other Government Exams
- NRA CET
- PG Entrance Exams
- Campus Placement
- MBA Entrance Exams
- CUET and UG Entrance
- Judiciary Exams
- Regulatory Body Exams
- Software Development