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Bombay High Court
Manubai Yamunabai vs Sakhubai Keshav Ramchandra on 25 August, 1908
Equivalent citations: 2 Ind Cas 484
Bench: Chandavarkar, Heaton


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.

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