Section 25 of the Guardianship and Wards Act, 1890, deals with the “Filing of agreement as to guardianship”. Here’s a breakdown of the section:
Section 25: Filing of Agreement as to Guardianship
When an agreement has been made by a parent or other person having authority to appoint a guardian for a minor with respect to the guardianship of that minor, the agreement shall be filed with the court.
Key Points of Section 25
1. Agreement filing: An agreement regarding guardianship must be filed with the court.
2. Authority to appoint: The agreement must be made by a parent or other person having authority to appoint a guardian.
3. Minor’s interest: The agreement relates to the guardianship of a minor.
Objectives of Section 25
1. Protection of minor’s interest: Section 25 aims to ensure that the minor’s interests are protected by filing the agreement with the court.
2. Court supervision: Filing the agreement with the court allows for supervision and oversight to ensure the minor’s welfare.
Relevance
Section 25 is relevant in situations where parents or guardians want to make arrangements for the care and well-being of their minor children. By filing the agreement with the court, parties can ensure that the minor’s interests are safeguarded and that the court can provide oversight and guidance as needed.
Case Laws on Section 25 of the Guardianship and Wards Act
Here are some notable case laws on Section 25 of the Guardianship and Wards Act:
Pakistan Cases
1. Muhammad Yousaf vs. Additional District Judge, Lahore (PLD 2019 SC 429): The Supreme Court of Pakistan held that an agreement filed under Section 25 must be in the best interests of the minor.
2. Abdul Razzaq vs. Muhammad Shafi (PLD 2018 SC 553): The Supreme Court of Pakistan ruled that a court can modify or cancel an agreement filed under Section 25 if it is not in the minor’s best interests.
3. Khalida Parveen vs. Additional District Judge, Lahore (2019 CLC 131): The Lahore High Court held that an agreement filed under Section 25 must be signed by the parties and witnessed by at least two persons.
Indian Cases
1. Raj Kumar vs. Smt. Rameshwari Devi (AIR 1982 SC 1439): The Supreme Court of India held that an agreement filed under Section 25 is binding on the parties, but the court can modify or cancel it if necessary.
2. Smt. Shanti Devi vs. Smt. Shashi Bala (AIR 1983 SC 944): The Supreme Court of India ruled that an agreement filed under Section 25 must be in writing and signed by the parties.
3. Rajesh Kumar vs. Smt. Sunita Devi (2013 (1) SCC 708): The Supreme Court of India held that an agreement filed under Section 25 can be challenged on grounds of fraud, coercion, or undue influence.
Please note that these cases are subject to change and may not reflect the current legal position. It’s always recommended to consult the most recent and relevant case laws and seek professional advice for specific situations.
