Gurdians and wards

Querist : Anonymous (Querist) 11 November 2011 This query is : Resolved
please explain below section in detail in gurdians and wards act Especially elaborate on possible meaning of sentence
"except for such purposes as may be prescribed".

26 . Removal of ward from jurisdiction.- (1) A guardian of the person appointed or
declared by the Court, unless he is the Collector or is a guardian appointed by will or other instrument, shall not, without the leave of the Court by which he was appointed or declared, remove the ward from the limits of its jurisdiction except for such purposes as may be prescribed. The leave granted by the Court under sub-section (1) may be special or general and may be defined by the order granting it.

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Piyush Vaishnava (Expert) 11 November 2011
at the time of appointment of guardian competent court may put any "written terms and condition" for the welfare of child.

for instance G is a guardian of M and they lived in delhi and court directed to G to arrange a meeting for M to meet his grand father in every month at mumbai.

so its called "purposes as may be prescribed"

it means if the G take away M to from delhi for a prescribed purpose(like meeting etc) so its not covered under sec 26 of this act.

if court not put any condition, than a guardian take away his wards to the limitation of court, so sec 26 will attract.

prabhakar singh (Expert) 11 November 2011
The section speaks that any guardian of person of a minor appointed by the court
shall not take such ward out of jurisdiction of the court[in other words out of district]without prior permission of the court.

The above general rule laid down in the section is subject to following exceptions:

1]If guardian so appointed by court is collector of the district then he can take the ward out of jurisdiction of the court without taking prior permission of the court.
2]like collector even that guardian who was
appointed guardian by any will or other instrument then the same was appointed by the court also then such guardian also can take the ward out of jurisdiction of the court without taking its prior permission.

3]Then comes the clause you especially want
to form understanding.It lays that even those category of guardians who do not fall
under aforesaid two stated categories can take the person of ward out of the jurisdiction of the court appointing him guardian without its leave or prior permission if the purpose of taking the ward out side the jurisdiction of the court is " prescribed" .

"except for such purposes as may be prescribed".The expression refers to purposes that a state or central government may by its rule prescribed,that is say,lay down in its rules.So meaning is simple"pre" "scribed"that means simply 'pre-stated'.It may also refer to a circumstance pre stated in the order appointin the guardian.

kuldeep kumar (Expert) 11 November 2011
such a guardian earlier appointed may not be collector or person appointed in will thats y such a court asking step is required.

Devajyoti Barman (Expert) 11 November 2011
What do you specifically want to know?

Piyush Vaishnava (Expert) 11 November 2011
sec 26 laid down suspention of power of guardian in case he remove the ward from competent courts jurisdiction.

prabhakar singh (Expert) 11 November 2011
What he wanted to know has been told to him already.

Querist : Anonymous (Querist) 12 November 2011
So please just explain for any religious or family purpose like Marriage of brother or meeting family member or even going one day tours like children go with their natural guardian.Each time whenever guardian Appointed by court want to go to for any such general reason he has to take permission of court?

prabhakar singh (Expert) 14 November 2011
yes IF SUCH CONDITIONS ARE NOT PRESCRIBED OR MENTIONED IN ORDER.

A WISE LAWYER SHALL HAVE PRE GUIDANCE FOR ALL
EVENTUALITIES MENTIONED BY YOU IN HIS PRAYER CLAUSE EVEN BEFORE PASSING OF THE ORDER.

THAT IS WHY 'KNOWING AND APPLYING' OR TWO DIFFERENT ASPECTS.