A Division Bench of Justices A Mohamed Mustaque and Sophy Thomas held so while partly allowing an appeal and setting aside the order of a District Court appointing a guardian for the person of a minor child.
"With respect to the appointment of a guardian of the person of the minor, the District Court has no jurisdiction, as it is a dispute squarely coming under explanation (g) to the guardian for minors", the Court said in its order.
The Court noted that proceedings had already been initiated before a Family Court for custody of the minor child and therefore if the District Court were to step into that area, it may result in contradictory orders.
"In case of overlapping jurisdiction, it may result in contradictory orders, which may affect the welfare and well-being of the child, which is of paramount consideration. In suits or proceedings of the nature coming under explanation (g) to Section 7(1), the Family Court alone will get jurisdiction and the jurisdiction of the District Court is ousted, going by Section 8 of the Family Courts Act," the order stated.
The Court did, however, uphold the decision of the district court conferring guardianship of the minor's property as "the fact that a court cannot appoint a guardian of the person, is no bar for appointing a guardian of the property".
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