Guardians and Wards Act
Swathi S Bhat
(Querist) 14 September 2010
This query is : Resolved
Sir,
I am going to file a petition for declaration under G&W Act. Maternal Grandparents are filing this petition to declare them as guardians of both the person and property of their minor grand daughter(9 yrs). Their daughter died leaving behing a female minor child and father of minor child is not at all taking care or maintaining her. The minor child is in the custody of her maternal grandparents from her birth itself. Now my Q is both the minor and applicants are the residents of Mysore and the property is situated at Davanagere. According to G&W Act, the jurisdiction for filing the petition will be the place where minor resides[Section 9(2)]. I got the information from my colleagues that the jurisdiction comes to the place where the property situates but the Act is very clear what I stated above. Therefore I am in need of RECENT decisions of any H.C. or S.C. to this point. Plz help me. I am also searching the decisions and I got AIR 1963A.P.93 AND 1999(2)Civil LJ 609.
nayan joshi
(Expert) 14 September 2010
Dear i didn't catch the said citation, so pl let me know the details of your citation and i try to find out more citation for you..
Regards,
Nayan Joshi
Devajyoti Barman
(Expert) 14 September 2010
You have to file where the child is currently staying.
R.Ranganathan
(Expert) 14 September 2010
The Petition to be filed is under G & W act, hence your contention is correct. You have to file the Petition where the minor resides. Regarding property it is only an additional prayer in the Petition for appointment of Guardians and nothing else.
s.subramanian
(Expert) 14 September 2010
Dear Friend,
There are two sorts of reliefs you can claim. One is guardianship of the minor alone and the second one is guardianship of the minor's property. If you are claiming the first one then the jurisdiction will be decided on the basis of the ordinary residence of the minor under Sec.9 (1) of the Guardian and Wards Act. If you are claiming both for the minor and his property then you fall under the ambit of SEc.9(2) and the courts at Mysore and at Davenagere have simaltaneous and concurrent jurisdiction. it will be your choice of courts either at Mysore or Davanagere.
Since you are from Karnataka,I would like you to read the judgment reported in AIR 2004 Karnataka Page 321.(Abraham Karimpanal's case)
It will help you very much if you read the judgment in AIR 1975 Sc 105 (Satya Vs Teja Singh) It is always good to read a lot judgments so that we can have a lot of views over the subject. good Luck.
Swathi S Bhat
(Querist) 15 September 2010
Sir/Madam,
First of all thanks for all of ur valuable guidance. If I want to file a miscellaneous petition for selling the property of a minor child, then, whether I have to file a petition in Mysore(where the minor and applicants resides) OR in Davanagere?(where the property situates) If the petition can be filed in Mysore(where the minor and applicants resides)Is there any decisions on this point? Plz guide me.
with regards
Swathi
