Bombay High Court
Harald Hamre
Versus
Aarland Hamre
Decided On:

Headnote:Guardians and Wards Act, 1890

       Sections 3 and 26(2).-See Letters Patent, Clause 17.

       Clause 17-Jurisdiction of High Court regarding minors.-When the High Court exercises a jurisdiction under clause 17 of the letters patent it will have the same jurisdiction which the chancellors court had while exercising the said jurisdiction on behalf of the crown in England. Therefore, when High Court exercises its powers under clause 17 of the letters patent it is exercising the power of sovereign as parens patriae. AIR 1941 Born 397, Relied.

       Clause 17-Guardians and Wards Act, Sections 3 and 26(2) Juvenile Justice Act (53 of 1986), Section 7(3)-Neglected juvenile-Order of temporary guardianship passed by Board under Section 15(2) of Juvenile Justice Act-High Court in exercise of its powers under clause 17 of letters patent read with Section 3 of Guardians and Wards Act and Section 7(3) of Juvenile Justice Act, apart from appointing a guardian can pass orders under Section 26(2) of Guardians and Wards Act, 1890-It has jurisdiction to entertain and dispose of petitions in respect of neglected juvenile in respect of whom temporary guardianship was granted under the Juvenile Justice Act.-Considering the power that has been conferred on High Court by clause 17 of the letters patent (Bombay) read with Section 3 of the Guardians and Wards Act also Section 7(3) of the Juvenile Justice Act when petitions in respect of neglected juvenile as defined in Section 2(1) of the Juvenile Justice Act, in respect of whom temporary guardianship was granted under the Juvenile Justice Act, High Court has jurisdiction to entertain and dispose of petitions under clause 17 of the letters patent and can exercise all the powers conferred on the Juvenile Welfare Board or Juvenile Court. Such a power would include the power which the Board had to reduce the term by virtue of the second proviso to subsection (2) of Section 15 of the Juvenile Justice Act. In respect of a neglected juvenile where an order has been passed by the Board, High Court apart from appointing a Guardian can pass orders under Section 26(2) of the Guardians and Wards Act.

       For Citation : 2000 (3) Mh LJ 268