Law: Guardians and Wards Act, 1890

Section: 25,26(2)

Guardians and Wards Act (VIII of 1890)-------Ss. 25 & 26(2)---Removal of ward from jurisdiction---Discretion of Guardian Court---Lack of interest of father in the proceedings before the courts, visitation schedule or contribution towards child's welfare---Protection to non-custodial parent by limiting the removal of child---Scope---Paramount considerations and circumstances for grant of leave for removal of child---Contention of the petitioner (mother) was that the refusal of leave to remove the child abroad and imposition of condition thereto was without considering the welfare of the child and harmful to child's education---Validity---Legislation has no intention to place complete embargo on granting permission to restrict ward within jurisdiction, otherwise, the Courts would not have been empowered to grant leave to take the ward out of the territorial jurisdiction---Section 26(2) of the Guardians and Wards Act, 1890 (Act) permits the Courts to grant special or general leave and to deny the leave--Appellate Court was correct in its decision that the above provisions were holding the field; however, it ignored that the requirement of leave before removing was also for the well being of the ward and for protecting the interest of the ward as well as the non-custodial parent---Leave can be granted on case to case basis, when welfare of the ward so demands---Appellate Court should have proceeded to give findings on merits of the case by considering the request to permit the petitioner to take the minor abroad for educational purposes, instead of making the mother or the minor go through further rigors---Appellate Court had not exercised the jurisdiction conferred by law to properly consider the request of the petitioner as it had ignored that the respondent (father) was not taking any interest or contributing towards the welfare of the minor and completely failed in observing the visitation schedule framed by the Guardian Court---Thus, it was not in the welfare of the minor to deprive him from joining his educational institution in USA, and restricting him within the territorial jurisdiction of the Guardian Court---High Court considered it appropriate to…