Removal of guardian.

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Removal of guardian.

Unread postby Admin » Thu Sep 27, 2012 6:47 pm

Removal of guardian.

The Court may on the application of any person interested, or of its own motion, remove a guardian appointed or declared by the Court, ora guardian appointed by will or other instrument, for any of the following causes, namely:--

(a) for abuse of his trust;

(b) for continued failure to perform the duties of his trust,

(c) for incapacity to perform the duties of his trust,

(d) for ill-treatment, or neglect to take proper care, of his ward,

(e) for contumacious disregard of any provision of his Act or of any order of the Court,

(f) for conviction of an offence implying, in the opinion of the court, defect of character which unfits him to be the guardian of his ward,

(g) for having an interest adverse to the faithful performance of his duties,

(h) for ceasing to reside within the local limits of the jurisdiction of the Court,

(i) in the case of a guardian of the property for bankruptcy or insolvency,

(j) by reason of the guardianship of the guardian ceasing, or being liable to cease, under the law to which the minor is subject:

Provided that a guarding appointed by will or other instrument, whether he has been declared under this Act or not shall not be removed--

(a) for the cause mentioned in clause (g) unless the adverse interest accrued after the death of the person who appointed him, or it is shown that person made and maintained the appointment in ignorance of the adverse interest; or

(b) for the cause mentioned in clause (h) unless such guardian has taken up such a residence as in the opinion of the Court, renders it impracticable for him to discharge the functions of guardian.
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