ward's & gardian act
Sheela Jain ..........
(Querist) 27 March 2013
This query is : Resolved
My 1st in-laws filed child custody case in civil court at Bengalore, instead filing in family court. sir. dose it valid?
Advocate M.Bhadra
(Expert) 27 March 2013
THE GUARDIANS AND WARDS ACT
Sec 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.
If the application is with respect of 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 the place where he has property.
If an application with respect to the guardianship of the property of a minor is made to a District Court other than that having jurisdiction in the place where the minor ordinarily resides, the Court may return the application if in its opinion the application would be disposed of more justly on conveniently by any other District Court having jurisdiction.
prabhakar singh
(Expert) 27 March 2013
The application lies in the court of District judge and not in family court.No error of jurisdiction in filing has been committed.
Devajyoti Barman
(Expert) 27 March 2013
The application lies only within the jurisdiction of the court where the child's ordinarily resides.
