(1) If a ward leaves or is removed from the custody of a guardian of his person, the Court, if it is of opinion that it will be for the welfare of the ward to return to the custody of his guardian, may make an order for his return, and for the purpose of enforcing the order may cause the ward to be arrested and to be delivered into the custody of the guardian.
(2) For the purpose of arresting the ward, the Court may exercise the power conferred on a Magistrate of the first class by section 100 of the Code of Criminal Procedure, 1882 (10 of 1882).
(3) The residence of a ward against the will of his guardian with a person who is not his guardian does not of itself terminate the guardianship.
Legal Commentary & Landmark Judgments: Section 25
Section 25 of the Guardians and Wards Act, 1890 empowers the court to compel the return of a ward who has left or been removed from custody.
This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.
Section 25 is the workhorse of contested custody enforcement. When one parent unilaterally abducts a child from the matrimonial home or refuses to return the child after a vacation visit, the aggrieved custodial parent files an application under Section 25. The court evaluates whether returning the child advances their best interests, enforcing compliance through search warrants if necessary.