Abdul Razzaq vs. Muhammad Shafi (PLD 2018 SC 553) is a landmark Supreme Court of Pakistan case that deals with the removal of a guardian under Section 29 of the Guardianship and Wards Act, 1890. Here’s a summary of the case:

Case Details

– Case Name: Abdul Razzaq vs. Muhammad Shafi
– Citation: PLD 2018 SC 553
– Court: Supreme Court of Pakistan
– Date: 2018

Key Issue

The appellant, Abdul Razzaq, challenged the removal of his brother, Muhammad Shafi, as the guardian of their minor nephew 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 guilty of neglect or misconduct in the management of the minor’s property or in the discharge of their duties as guardian.
3. 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.

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 neglect, misconduct, or incapacity.
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.