Case Note & Summary
The petitioner, the father of two minors, filed a guardianship petition under Sections 6 and 11 of the Hindu Minority and Guardianship Act, 1956, seeking appointment as guardian of the person of the minors and consequential reliefs including a declaration that the respondent mother had fraudulently withdrawn amounts from the minors' bank accounts and an order for recovery of those amounts. The Bombay High Court, in its ordinary original civil jurisdiction, held that the petition for appointment as guardian of the person of the minors is not maintainable before it because exclusive jurisdiction over such matters vests in the Family Court under Section 7 read with Section 8 of the Family Courts Act, 1984, as clarified by the Full Bench in Romila Jaidev Shroff vs Jaidev Rajnikant Shroff. The court further held that the ancillary property claims cannot be entertained independently of a maintainable claim for guardianship. Consequently, the guardianship petition was dismissed as not maintainable, and the interim applications were disposed of. The court did not express any opinion on the merits of the case and left the petitioner to seek appropriate remedies before the Family Court.
Headnote
A) Family Law - Guardianship of Person - Jurisdiction of Family Court - Section 7 read with Section 8 of the Family Courts Act, 1984 - The High Court in its ordinary original civil jurisdiction lacks jurisdiction to entertain a petition for appointment of guardian of the person of a minor, as exclusive jurisdiction vests in the Family Court under Section 7(1)(f) of the Family Courts Act. The Full Bench decision in Romila Jaidev Shroff vs Jaidev Rajnikant Shroff (2003) 3 Mh.L.J. (FB) 468 holds that the Family Courts Act overrides the jurisdiction of the district court under Section 17. (Paras 3-4) B) Family Law - Guardianship Property - Maintainability of Property Claims - Hindu Minority and Guardianship Act, 1956, Sections 6 and 11 - A claim for declaration that a minor's property has been fraudulently transferred and for recovery of such property cannot be maintained in a guardianship petition independently of a claim for appointment as guardian of the person or property of the minor. Since the main prayer for guardianship of person is not maintainable before this court, the ancillary property reliefs also cannot be entertained. (Paras 4-5)
Issue of Consideration
Whether a guardianship petition seeking appointment as guardian of the person of minors and consequential property reliefs is maintainable before the High Court in its ordinary original civil jurisdiction.
Final Decision
Guardianship Petition No. 16 of 2018 is dismissed as not maintainable. Interim Application (L) No. 5266 of 2021 and Misc. Application No. 4 of 2018 are disposed of. No order as to costs. Petitioner is at liberty to seek appropriate remedies before the Family Court.
Law Points
- Jurisdiction of Family Court over guardianship of person
- maintainability of property claims in guardianship petition
- overriding effect of Family Courts Act
