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komsat (auditor)     03 June 2014

Can a senior civil judge try guardian op

MY QUERY IS THAT A SENIOR CIVIL JUDGE IS COMPETENT ENOUGH GUARDIAN OP ? IF NO WHO IS COMPETENT?PLEASE ANSWER URGENTLY. THANK u



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 9 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     03 June 2014

Your querry is not clear. please clarify OP.

komsat (auditor)     03 June 2014

Got acqitted in 498A. Filed OAs for child custody & Divorce. Wife filed Transfer petitions for divorce at Sen civil judge at one place & for custody at addl. district judge at other place which are dismissed in District court..Now they filed appeal at high court to transfer both of them on the file of sen.civil judge near to their place.Is it is correct.  

Suneet Gupta (www.vashiadvocates.com)     03 June 2014

Your wife can normally apply that all matrimonial cases be tried in her place of residence i.e. her parent's place, rather than at the place of last matrimonial home. The court will usually accept this argument.

Matrimonial and Family cases can be decided by a Senior Civil Judge, if no dedicated Family Court has not been established for the jurisdiction. Therefore, all the applications can be tried by the Senior Civil Judge, including guardianship and custody applications.

1 Like

komsat (auditor)     03 June 2014

That means, a Senior Civil Judge is competent  to try Guardian OP filed under Section 10 of Guardian & Wards Act. Is it Correct? Honorable members please clarify ? 

komsat (auditor)     03 June 2014

PLEASE REFER THE ACT

Guardians and Wards Act, 1890

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.

Suneet Gupta (www.vashiadvocates.com)     03 June 2014

As clarified by komsat sir, if the application concerns guardianship of a minor then the application has to be made to the District Court and the Senior Civil Judge cannot entertain the application.

However, the Guardians and Wards Act is not applicable, in custody cases for minors between parents. In this case the relevant personal and family law will apply, and the issue can be decided by the family court or the civil judge.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

In certain states Civil Judge Sr. Division can decide the Guardianship applications. States like Haryana and Punjab in districts where there is no family courts, Civil Judge Sr. Division decides Guardianship matters.

 

 

Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

N.K.Assumi (Advocate)     05 June 2014

District Court means the Principal civil Court of original jurisdiction of a district, under whose jurisdiction,  G & W application is filed. Different States have designated Civil Court with different nomenclatures, but it means the highest Civil Court of your District or any other subordinate civil court if appointed by the High Court, can act for guardianship.

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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