Section 29 of the Guardianship and Wards Act, 1890, deals with the “Removal of guardian”. Here’s a breakdown of the section:

Section 29: Removal of Guardian

1. Grounds for removal: The court may, on the application of any person interested in the welfare of the minor, remove a guardian appointed or declared by the court for any of the following reasons:
1. Neglect or misconduct: If the guardian has been guilty of any neglect or misconduct in the management of the property of the minor or in the discharge of his duties as guardian.
2. Incapacity: If the guardian is incapable of managing the property of the minor or of discharging his duties as guardian.
3. Insolvency: If the guardian becomes insolvent or is declared to be of unsound mind.
2. Procedure for removal: The court may, after hearing the guardian and making such inquiry as it thinks fit, remove the guardian and appoint a new guardian in his place.
3. Interim arrangement: Pending the appointment of a new guardian, the court may make such interim arrangements as it thinks fit for the management of the property of the minor and for the discharge of the duties of the guardian.

Key Points of Section 29

1. Court’s discretion: The court has the discretion to remove a guardian for the reasons specified in the section.
2. Application by interested person: Any person interested in the welfare of the minor can apply to the court for the removal of the guardian.
3. Procedure for removal: The court must hear the guardian and make an inquiry before removing the guardian and appointing a new one.

Objectives of Section 29

1. Protection of minor’s interest: Section 29 aims to protect the interests of the minor by providing a mechanism for the removal of a guardian who is not discharging their duties properly.
2. Ensuring proper management: The section ensures that the property of the minor is managed properly and that the duties of the guardian are discharged in the best interests of the minor.

Case Laws on Section 29 of the Guardianship and Wards Act

Here are some notable case laws on Section 29 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 a guardian can be removed under Section 29 if they are found to be incapable of managing the minor’s property.

2. Abdul Razzaq vs. Muhammad Shafi (PLD 2018 SC 553): The Supreme Court of Pakistan ruled that the court has the discretion to remove a guardian under Section 29 if it is in the best interests of the minor.

3. Khalida Parveen vs. Additional District Judge, Lahore (2019 CLC 131): The Lahore High Court held that a guardian can be removed under Section 29 if they are found to be guilty of neglect or misconduct in the management of the minor’s property.

Indian Cases

1. Raj Kumar vs. Smt. Rameshwari Devi (AIR 1982 SC 1439): The Supreme Court of India held that the court has the power to remove a guardian under Section 29 if it is necessary to protect the interests of the minor.

2. Smt. Shanti Devi vs. Smt. Shashi Bala (AIR 1983 SC 944): The Supreme Court of India ruled that a guardian can be removed under Section 29 if they are found to be incapable of managing the minor’s property or discharging their duties as guardian.

3. Rajesh Kumar vs. Smt. Sunita Devi (2013 (1) SCC 708): The Supreme Court of India held that the court has the discretion to remove a guardian under Section 29 if it is in the best interests of the minor.

Key Takeaways

1. Grounds for removal: A guardian can be removed under Section 29 for grounds such as neglect, misconduct, incapacity, or insolvency.

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, which includes hearing the guardian and making an inquiry.