The Court may, on the application of any person interested, or of its own motion, remove a guardian appointed or declared by the Court, or a guardian appointed by will or other instrument, for any of the following causes, namely:—
(a) for abuse of his trust;
(b) for continued failure to perform the duties of his trust;
(c) for incapacity to perform the duties of his trust;
(d) for ill-treatment, or neglect to take proper care of his ward;
(e) for contumacious disregard of any provision of this Act or of any order of the Court;
(f) for conviction of an offence implying, in the opinion of the Court, a defect of character which unfits him to be the guardian of his ward;
(g) for having an interest adverse to the faithful performance of his duties;
(h) for ceasing to reside within the local limits of the jurisdiction of the Court;
(i) in the case of a guardian of the property, for bankruptcy or insolvency;
(j) by reason of the guardianship of the guardian ceasing, or being liable to cease, under the law to which the minor is subject.
Legal Commentary & Landmark Judgments: Section 39
Section 39 of the Guardians and Wards Act, 1890 establishes the statutory grounds for the judicial removal of a guardian.
Section 39 provides the court with continuous supervisory authority to revoke guardianship whenever a fiduciary breaches their trust or endangers the minor's well-being.
Section 39 is the primary statutory mechanism for terminating harmful or abusive guardianships. Relatives or concerned parties can invoke Section 39 whenever a guardian neglects schooling, mismanages property, attempts unauthorized alienation, or subjects the ward to emotional distress. Once removed, the court appoints a successor under Section 42.