- The Kerala HC has recently held in the case of K.S.Narayana Elayathu vs. Sandhya that the District Court can only appoint a guardian for a minor’s property, and the right to appoint a guardian for the minor’s person only rests with the Family Court under Section 7(1)(g) of the Family Court’s Act.
- In the instant case, due to strained marital relationship, the wife who is the respondent in this case resided separately from her husband (appellant) with her minor daughter. The minor’s maternal grandmother executed a settlement deed of a property in favour of the minor.
- The wife filed an application before the District Court for declaring her as the guardian of the person as well as property of the minor. The Court decided that when the custody of the minor’s property is in question, the jurisdiction resides with the District Court.
- This was challenged by the husband. His contention was that the entire jurisdiction of the District Court in this matter has been taken over by the FAmily Court by virtue of Section 7(1)(g) of the Family Court’s Act, 1984.
- The Hon’ble HC observed that it is a well settled fact that as regards appointing a guardian for the person of the minor, the jurisdiction of the district Court has been taken over by the Family Court by the virtue of the impugned section, but when the question involves appointment of guardian for the property of the mior, the Family Court has no jurisdiction as that dispute does not come under the explanation (g) to section 7(1).
- Thus, the appeal was partially allowed.
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