Hindu Minority and Guardianship Act, 1956 (32 of 1956) – Guardian and Wards Act, 1890, Section 26 – Relocation – We take serious note of the Father, without notifying or taking the permission of the Civil Judge, leaving its jurisdiction along with the minor – Prima facie this undermines the authority of the court and it may even tantamount to contempt of court – Section 26 of the G and W Act has been violated and that too by a person who has not been appointed as the guardian – Relocation is now a well-known legal concept – Since movement of persons from one place to another or one State to another State of the country or even from one country to another country of the globe is no longer a rarity – Very often it becomes necessary because the parent having custody of the child finds a more suitable employment somewhere else – The entitlement of the left behind spouse has, therefore, to be jurally investigated – The Mother may want to relocate to the United States where she can be very gainfully employed as against the Father who has not been able to disclose any income or sources of regular income – But this is not the case or stage before us – Here, the Father ought not to have left the jurisdiction of the court in Goa which was discharging its duties as parens patriae.
read here : 2015 PLRonline 0108
