The Court is also the guardian of the minors and disabled persons.

 PLD 2022 Lahore 833

The Court is under obligation to see the intent of the legislation. The petitioner who is real mother of the disabled lady was appointed as guardian. She has mentioned the reason for obtaining/withdrawing the amount from the bank. The Court is also the guardian of the minors and disabled persons. The Court is not only to see and supervise but to take care of the rights of the minors and the disabled persons. Although the lady submitted the statement of expenditure too late and did not deposit/submit the inventory about the movable and immovable property related to the disabled person as required under Section 37 of the Ordinance, yet this was for the Court to take into account the reason/need mentioned by the petitioner for withdrawal of amount. The Court was under obligation to consider and entertain the statement of accounts/expenditures tendered by the lady. The other factor is that there was no complaint against lady/petitioner/guardian that she is not taking care of the disabled lady (her person and property). In that case, the Court was under obligation to consider the need of the lady and to entertain the documents/statement of accounts/expenditures tendered by the petitioner and may also enquire about the correctness of the same, but the Court cannot refuse to entertain the same because the intent of the legislation is the welfare of the minor/disabled person.