Appointing a guardian
amol
(Querist) 12 June 2012
This query is : Resolved
Sir there is a person of 28 yrs old girl unmarried , moderate metally retired stated in the medical certificate of civil Municipal hospital her father , mother expired , she has two sisters and one brother out of two sister one is interested to take her guardianship she is staying at Malad Mumbai so kindly provide the information under which act this application may me made? whether family court has the power to appoint guardian u/Sec 7 of Family court act? I know Bombay H C OOCJ has jurisdiction but whether civil court Jr Div has the power ? I want to apply to family court is it possible ? and what are the requirements of documents to file the same Pls answer thank
VENKATESH HEGDE
(Expert) 12 June 2012
Jurisdictional high court had power under guardians & wards Act. Family court had power to appoint u/s 7 is applicable for minor children of the spouse.
amol
(Querist) 13 June 2012
dont u thaink sir family court also has the power because Sec 7 1 Explanation (g) talk abt suit and proceeding in relation to guardianship of a person hence word person is wider metally retired also can be a person or insan person so family court should entertain the application what say ? and powers under order 35 rule 15 of cpc also conferred by Sec 7 on the faily court. then don't u think family court can also entertain the aforesaid application ?
Shonee Kapoor
(Expert) 19 June 2012
Family court also has the powers to appoint guardian in such cases.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
amol
(Querist) 19 June 2012
Mr Shonee Kapoor sir
Will u pls give me any SC or HC judgement by which the view has been taken that the family court also have jurisdiction to appoint a guardian of major person in blood relation i will be grateful sir if u can
thanks
Adv Amol Joshi Bombay HC
9987060827
