Minor’s guardianship comes under the Family Court
The guardianship of a minor person or its custody, Comes under Family Court. It has the jurisdiction to deal with such cases, under explanation to Section 7(1) (g) of the Family Courts Act.
In such cases, the Section 8 of the Family Courts Act has taken away the jurisdiction of the District Court or Subordinate Civil Court and the Family Court alone has the jurisdiction to deal with such issues, says Kerala High Court in K S Narayana Elayathu v Sandhya [MANU/KE/3347/2021].
Child’s property can be dealt with by the District Court
However, when the question involves the appointment of a guardian for the property of a minor, the District Court alone has jurisdiction.
Kerala High Court in Anitha Abraham v Jacob Oommen [2003 (1) KLT 417] found that the Family Court has no jurisdiction to entertain an application to appoint a person as guardian of the property of the minor, in matters such as selling of the property owned by the minor, etc.
References
- The Family Courts Act, 1984
- K S Narayana Elayathu v Sandhya [MANU/KE/3347/2021]
- Anitha Abraham v Jacob Oommen [2003 (1) KLT 417]
