Minor’s guardianship will come before the Family Court
Regarding the guardianship of a minor person or its custody, Family Court has the jurisdiction to deal with such cases, under explanation to Section 7(1) (g) of the Family Courts Act.
In such cases, the jurisdiction of a District Court or Subordinate Civil Court is taken away as per Section 8 of the Family Courts Act and Family Court alone can 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.
