Guardians and Wards Act, 1890 · Chapter III: Duties, Rights and Liabilities of Guardians · Termination of guardianship
Section 40: Discharge of guardian
(1) If a guardian appointed or declared by the Court desires to resign his office, he may apply to the Court to be discharged.
(2) If the Court finds that there is sufficient reason for the application, it shall discharge him, and if the guardian making the application is the Collector and the State Government approves of his applying to be discharged, the Court shall in any case discharge him.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 40
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