Manubai Yamunabai Vs. Sakhubai Keshav Ramchandra - Court Judgment
|Judge||Chandavarkar and ;Heaton, JJ.|
|Respondent||Sakhubai Keshav Ramchandra|
guardians and wards act (viii of 1890), sections 7, 39 - appointment, declaration and removal of guardian appointed by will. - section 3: [s.b. mhase, d.s. bhosale & a.s. oka, jj] offences of atrocities - complaint under held, merely because the caste of the accused is not mentioned in the fir stating whether he belongs to scheduled caste or scheduled tribe, it cannot be a ground for quashing the complaint. after ascertaining the facts during he course of investigation it is always open to the investigating officer to record tht the accused either belongs to or does not belongs to schedule caste or scheduled tribe. after final opinion is formed, it is open to the court to either accept the same or take cognizance. even if the charge sheet is filed at the time of consideration of the..........merely gives effect to the appointment. in the case of guardian so declared the court may hold him incompetent and remove him from the guardianship on any of the grounds specified in section 39.2. we think, therefore, that we cannot accept the decision of the district judge. we must reverse his order and send the case back in order to enable him to dispose of the petitions on the merits and with due regards to section 39 of the guardians and wards act.3. costs to abide the result.
1. It is not clear from the judgment of the learned District Judge whether Sections 7 and 39 of the Guardians and Wards Act were present to his mind. Section 7 makes a distinction between appointing a guardian and declaring a person to be one. A guardian is declared when, for instance, he has been appointed under some independent instrument such as a will. By the declaration the Court merely gives effect to the appointment. In the case of guardian so declared the Court may hold him incompetent and remove him from the guardianship on any of the grounds specified in Section 39.
2. We think, therefore, that we cannot accept the decision of the District Judge. We must reverse his order and send the case back in order to enable him to dispose of the petitions on the merits and with due regards to Section 39 of the Guardians and Wards Act.
3. Costs to abide the result.