YOGESH KUMAR Vs. PARUL

JUDGEMENT

(1.) The settled law of guardianship was promulgated by Legislature under the Guardianship and Wards Act. Under the said Act of 1890, the powers have been granted to the Court, where the Court can appoint a guardian, if the Court is satisfied that it is for the "welfare" of the minor. Under the Act an order can be made for appointment of Guardian or for declaring a person as to be a Guardian of a ward. The implication of Section 7 was that as soon as the Court appoints a guardian, it substitutes the guardian already working.

(2.) The proceedings before the Court was involved under the Guardianship and Wards Act, exercises the power under Section 25, the power of removing a ward or taking the custody of the ward from the custody of the guardian and handing it over to other persons, which the Court feels to be appropriate and the prime consideration which is, is the welfare of the child.

(3.) The Act does not define the term "ward" but it literarily means the child whose interest is to be protected.