Assistant superintendent of district court is party
Gulab
(Querist) 08 October 2025
This query is : Resolved
In Gurdian & ward case" Assistant Superintendent of district court" and "paternal uncle" appointed as joint Gurdian of minor children whose both parent died. So in future in new civil case filed in that in same district court do we need to make party to Assistant Superintendent of district court".
And will Assistant Superintendent of district court" will need government Advocate to represent Assistant Superintendent of district court"?
T. Kalaiselvan, Advocate
(Expert) 09 October 2025
In a Guardians and Wards Act (GWA) case, if both parents have died and the District Court has appointed:
Assistant Superintendent of District Court (a court officer), and Paternal uncle,
as joint guardians of the minor children. This means both jointly represent the minors in all legal, financial, or welfare matters. The “Assistant Superintendent of District Court” should be made a party in the new civil case,but conditionally because the Assistant Superintendent was appointed as joint guardian, he/she continues to be the legal guardian of the minors until the court modifies or discharges that appointment under Section 39 of the GWA.
If the new civil case relates to the minors or their property and the minors are parties then both guardians must be represented. The minors should be shown as parties, represented through their joint guardians, i.e. “Minor X and Minor Y, represented by their joint guardians (1) Assistant Superintendent, District Court, and (2) Paternal Uncle.
Since the Asst. Superintendent is a public officer acting in an official capacity, the government pleader will represent in civil proceedings the the District court. The Assistant superintendent will remain a guardian till he or she is removed or discharged by court
Dr. J C Vashista
(Expert) 11 October 2025
You have stated that ".......In Gurdian & ward case" Assistant Superintendent of district court and "paternal uncle" appointed as joint Gurdian of minor children whose both parent died. So in future in new civil case filed in that in same district court do we need to make party to Assistant Superintendent of district court".
In such circumstances whether the case/ complaint / petition is to be filed by / on behalf of minors or against the minors ?????? If the case /complaint /petition is filed by / on behalf of minors it shall be through both guardians and vice-versa.
Further you have stated and queried, that, "......And will Assistant Superintendent of district court" will need government Advocate to represent Assistant Superintendent of district court"
Of course the government counsel shall be appointed by the LSA at the request of guardians.
