Smt. Shanti Devi vs. Smt. Shashi Bala (AIR 1983 SC 944) is a landmark Supreme Court of India case that deals with the interpretation of Section 29 of the Guardianship and Wards Act, 1890. Here’s a summary of the case:

Case Details

– Case Name: Smt. Shanti Devi vs. Smt. Shashi Bala
– Citation: AIR 1983 SC 944
– Court: Supreme Court of India
– Date: 1983

Key Issue

The appellant, Smt. Shanti Devi, challenged the order of the trial court appointing Smt. Shashi Bala as the guardian of her minor children under Section 29 of the Guardianship and Wards Act.

Decision

The Supreme Court held that:

1. Power to remove guardian: The court has the power to remove a guardian under Section 29 of the Guardianship and Wards Act if it is necessary to protect the interests of the minor.
2. Grounds for removal: The court can remove a guardian if they are found to be incapable of managing the minor’s property or discharging their duties as guardian.
3. Procedure for removal: The court must follow the procedure laid down in Section 29 for removing a guardian, which includes hearing the guardian and making an inquiry.

Rationale

The Supreme Court observed that the removal of a guardian under Section 29 is a discretionary power vested in the court. The court must exercise this power in the best interests of the minor.

Impact

The decision has significant implications for the removal of guardians under Section 29 of the Guardianship and Wards Act. It emphasizes the importance of protecting the interests of the minor and ensures that the court has the power to remove a guardian who is not discharging their duties properly.

Key Takeaways

1. Grounds for removal: A guardian can be removed under Section 29 for grounds such as incapacity, neglect, or misconduct.
2. Court’s discretion: The court has the discretion to remove a guardian under Section 29 if it is in the best interests of the minor.
3. Procedure for removal: The court must follow the procedure laid down in Section 29 for removing a guardian.