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Asked in Family

  • Saksham Sharma

    Jaipur

Expert's Answers(6)

  • Kishan Dutt Kalaskar 40 years Exp (Retired Judge)

    Bengaluru Urban, Karnataka
      187 Client Ratings

    Your question is very short and with my understanding if you are a minor you cannot run away and if a petition is filed by another relative or friend seeking appointment of guardian then search application will be decided on merits. I AM A RETIRED JUDGE AND I AM A HEAD NOTER THAT MEANS I HAVE PREPARED HEAD NOTES FOR JUDGMENTS OF 1000'S OF CASES OF VARIOUS HIGH COURTS AND SUPREME COURT. I AM PRESENTLY HEAD NOTER FOR www.scconline.com. WITH MY VAST EXPERIENCE I SAY AS FOLLOWS: IT NEEDS GUIDANCE OF LOCAL LAWYERS, IF YOU NEED MY SERVICES THEN PLEASE SEND ALL THE RELEVANT DOCUMENTS SCANNED TO MY E-MAIL ID kalaskarnetra dot at mail dot com Please Click LIKE button so that I can send final opinion after seeing relevant judgments. I AM RESIDING IN MALLESWARAM, BENGALORE I need some more time to read your case in depth. This is my preliminary opinion only. Send documents for verification and further suggestions. am residing at No.74, First Floor, 6th Cross, Malleswaram, Bengaluru.

    December 11, 2017
  • Advocate N Karthikkanna

    Madurai, Tamil Nadu
      60 Client Ratings

    39. 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, or a 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 this Act or of any order of the Court; (f) for conviction of an offence implying, in the opinion of the Court, a 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 guardian 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 that person made and maintained the appointment in ignorance of the existence 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. 40. Discharge of guardian. (1) If a guardian appointed or declared by the Court desires to resign his office, he may apply to the Court to be discharged. (2) If the Court finds that there is sufficient reason for the application, it shall discharge him, and if the guardian making the application is the Collector and the State Government approves of his applying to be discharged, the Court shall in any case discharge him.

    December 10, 2017
  • Advocate Pradeep Singh Sheoran

    Chandigarh, Punjab
      1 Client Ratings

    protection from court call *Phone*

    December 10, 2017