Removal of guardian
While raising objection, we must be very careful. Law exist, but courts takes linient view in implementing such laws which are against the lady. Legislature and the judiciary always gives favor to ladies & children considering them the "weaker segment of the society".
Plz read Sec. 39 of GAWA 1890:
*39. Removal of guardian.* The Court may on the application of any person interested, or
of its own motion, remove a guardian appointed or declared by the Court, or a guardian
appointed by will or other instrument, for any of the following causes, namely :-
(a) for abuse of his trust;
(b) for continued failure to perform the duties of his trust ;
(c) for incapacity to perform the duties of his trust;
(d) for ill-treatment, or neglect to take proper care, of his ward;
(e) for contumacious disregard of any provision of his Act or of any order of the Court ;
(f) for conviction of an offence implying, in the opinion of the Court, defect of character
which unfits him to be the guardian of his ward ;
(g) for having an interest adverse to the faithful performance of his duties ;
(h) for ceasing to reside within the local limits of the jurisdiction of the Court ;
(i) in the case of a guardian of the property for bankruptcy or insolvency ;
(j) by reason of the guardianship of the guardian ceasing, or being liable to cease, under
the law to which the minor is subject :
Provided that a guardian appointed by will or other instrument, whether he has been
declared under this Act or not shall not be removed-
(a) for the cause mentioned in clause (g) unless the adverse interest accrued after the
death of the person who appointed him, or it is shown that person made and maintained
the appointment in ignorance of the adverse interest ; or
(b) for the cause mentioned in clause (h) unless such guardian has taken up such a
residence as in the opinion of the Court, renders it impracticable for him to discharge the
functions of guardian.
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