Jurisdiction of family court

Rupendra Porwal (Querist) 12 August 2015 This query is : Resolved
As per section 7 (1) (g) of THE FAMILY COURTS ACT, 1984, the jurisdiction of family court:

(g)suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.

WHEREAS SECTION 9 OF Guardians and Wards Act, 1890 PROVIDES THAT:

9. Court having jurisdiction to entertain application

(1) If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where the minor ordinarily resides.

(2) If the application is with respect to the guardianship of the property of the minor, it may be made either to the District Court having jurisdiction in the place where the minor ordinarily resides, or to a District Court having jurisdiction in a place where he has property.

Question:

Does family court has jurisdiction to entertain application/suit for GUARDIANSHIP OF MINOR INCLUDING HIS PROPERTY (EXCEPT SHARE IN ANCESTRAL PROPERTY).

Regards,

Rupendra Porwal
Advocate
Lucknow-98385 97775

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J K Agrawal (Expert) 13 August 2015
Dear Mr Porwal,

Please go through section 2 of the HMG Act.

it says that Guradian and Wards Act 1890 is superseding so the DJ having jurisdiction.

Now please go through S. 7 (1)(a) and section 8 of the family Court Act. It says that if DJ or any other court has power, it shall be exercised by Family Court only.

Now again you should look at Section 7(1) Explanation(G). I think your case does not come under Explanantion G. It means family court has no jurisdiction.

You again has to come to DJ court and it is right place for your this case.

have a smile.

Rajendra K Goyal (Expert) 13 August 2015
Well advised by expert J K Agrawal, agree to it.

Rupendra Porwal (Querist) 20 August 2015
Dear JK Agrawal ji,

Thanks for your kind response.

The properties referred in my query are like bank account, PPF account and investment in mutual fund account in the name of minor.

It is often position arise that whenever a child leave home (of father) with his mother and he takes movable assets likes his personal belongings, clothings and passbooks etc.

Would these kind of assets also fall outside the jurisdiction of family court under section 7(1)(g) of family court act?

J K Agrawal (Expert) 20 August 2015
Dear Mr Porwal
No any property included in section 7 (1)(g) for the Family court and A Family Court jurisdiction is limited upto custody of person only.