DISTRICT COURT HAS NO JURISDICTION TO APPOINT GUARDIAN FOR MINORS - KERALA HC

The Kerala High Court held that the District Court has no jurisdiction to appoint a guardian for a minor's person. The Family Court is empowered with the right to make such an appointment. 

A Division Bench of Justices A Mohamed Mustaque and Sophy Thomas held the above so while setting aside the order passed by the District Court appointing a guardian for the person of a minor child. The bench also noted that proceedings for custody of the minor child had already been initiated before a Family Court. Therefore, if the District Court were to step into that same area, it may result in contradictory orders and judgments.

The Court was hearing an appeal filed \by the father of a minor child challenging the District Court's order. The mother of the child moved to the District Court, seeking to be appointed as the guardian of the person and property of the minor. The father of the minor challenged the same. The appellant argued that the District Court lacked jurisdiction as the Family Court had taken over the Guardian & Wards Act as per sec 7 (1) explanation (g) of the Family Courts Act. The appellant also pointed out that he had filed another petition before a Family Court to seek custody of the minor daughter.

The Court concurred with the appellant's argument in that regard. However, upheld the order of the district court granting guardianship of the minor's property. 

Author: Papiha Ghoshal